BLACK v. STATE

No. 1D02-2016.

864 So.2d 464 (2003)

Otto BLACK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 29, 2003.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Barbara J. Yates, Assistant Attorney General, Tallahassee, for Appellee.


WEBSTER, J.

Appellant seeks review of his conviction, following a jury trial, for capital sexual battery pursuant to section 794.011(2)(a), Florida Statutes (2001). Because the trial court abused its discretion when it found the alleged child victim competent to testify without first conducting an adequate competency examination, we are constrained to reverse the conviction, and to remand for a new trial.

In the leading case addressing testimonial competence...

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