Third District Court of Appeal
State of Florida
Opinion filed October 4, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D16-269
Lower Tribunal No. 12-6207
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James Roberts,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jorge
Rodriguez-Chomat, Judge.
Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant
Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant
Attorney General, for appellee.
Before EMAS, LOGUE, and LINDSEY, JJ.
PER CURIAM.
Affirmed.
LOGUE and LINDSEY, JJ., concur.
James Roberts v. State of Florida
3D16-269
EMAS, J., dissenting.
I respectfully dissent because the trial court failed to make specific findings
of fact regarding reliability and trustworthiness, as required by section
90.803(23)(a) and (c), Florida Statutes (2014). See State v. Townsend, 635 So. 2d
949 (Fla. 1994); Hopkins v. State, 632 So. 2d 1372 (Fla. 1994); Rodriguez v. State,
77 So. 3d 649 (Fla. 3d DCA 2011); Barton v. State, 704 So. 2d 569 (Fla. 1st DCA
1997); Garcia v. State, 659 So. 2d 388 (Fla. 2d DCA 1995). The trial court also
improperly considered corroborating evidence in reaching its conclusion.
Townsend, 635 So. 2d at 958; Rodriguez, 77 So. 3d at 651.
I would reverse and remand for a new trial.
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