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STATE v. HOBBS

No. 5D07-1199.

974 So.2d 1119 (2008)

STATE of Florida, Appellant, v. David Eric HOBBS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 26, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellant.

Frederick S. Jaeger, Jr., of Bonaccorsy, Fuller, Jaeger & Teifke, P.A., and Steven J. Guardiano, Daytona Beach, for Appellee.

TORPY, J.

David Eric Hobbs, Appellee, stands accused of sexual activity with a child by a person in a familial relationship and lewd or lascivious battery. The sole issue on appeal concerns the admissibility of Appellee's confession pursuant to section 92.565, Florida Statutes (2007), which eliminates the corpus delicti precondition for introduction of admissions and confessions in sexual abuse cases when the state is otherwise unable to prove the crime. Based on...

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