Phagan v. State

I respectfully dissent to the majority’s holding in Division 5 that the admission of the two videotapes, State’s Exhibits 1 and 2, was error. I thus dissent to the reversal of appellant’s convictions for aggravated child molestation and sexual exploitation of a child.

At issue are State’s Exhibits 1 and 2, which both depict the same middle-aged man and adolescent female engaging in various sex acts at two separate times in two different rooms in appellant’s house (bedroom in Exhibit 1 and living room in Exhibit 2). The two people are readily identifiable throughout both tapes. Testimony…