Cowan v. State, 1D14–1439.
| Decision Date | 19 May 2015 |
| Docket Number | No. 1D14–1439.,1D14–1439. |
| Citation | 165 So.3d 58 (Mem) |
| Parties | Robert Allan COWAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and David A. Davis, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Matthew Pavese and Jennifer J. Moore, Assistant Attorneys General, Tallahassee, for Appellee.
In this direct appeal, appellant claims the trial court erred by failing to make the required findings of reliability pursuant to section 90.803(23), Florida Statutes (2009), when it ruled the child victim's out-of-court statements were admissible at trial. We agree with the state that this claim is not preserved for appeal because appellant failed to make a contemporaneous objection to the lack of findings. Elwell v. State, 954 So.2d 104, 109 (Fla. 2d DCA 2007) ; accord Rodriguez v. State, 120 So.3d 656 (Fla. 1st DCA 2013) ; McCloud v. State, 91 So.3d 940, 941 (Fla. 1st DCA 2012). Accordingly, we affirm.
AFFIRMED.
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...deficiency in the written order could be corrected, the issue has not been preserved for appeal.Id. at 940-41; see also Cowan v. State, 165 So. 3d 58 (Fla. 1st DCA 2015).5 Coleman argued pretrial that the victim's statements to the two hearsay witnesses were unreliable, and later renewed th......
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Coleman v. State
...in the written order could be corrected, the issue has not been preserved for appeal. Id. at 940–41 ; see also Cowan v. State , 165 So. 3d 58 (Fla. 1st DCA 2015).5 Coleman argued pretrial that the victim's statements to the two hearsay witnesses were unreliable, and later renewed this argum......
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