Schroeder v. State

ANTOON, Judge.

Robert Sehroeder (defendant) appeals his judgment and sentence entered by the trial court after a jury found him guilty of committing a sexual battery upon a mentally defective person.1 We reverse because the trial court erred when it admitted, over defendant’s objection, hearsay testimony from the state’s expert witness.

The state alleged defendant violated section 794.011(4)(e), Florida Statute (1995), by committing a sexual battery upon a mentally defective person. “ ‘Mentally defective’ means a mental disease or defect which renders a person temporarily or permanently…