Figueroa Hernandez v. State
The Third DCA affirmed convictions for sexual battery/lewd and lascivious offenses against a minor, addressing three significant issues: the admissibility of DNA mixture evidence analyzed by a manual (non-software) method, a Confrontation Clause challenge under the newly decided Smith v. Arizona (2024), and a double jeopardy challenge to multiple molestation counts. The court distinguished Smith v. Arizona on its facts, holding that a substitute witness who merely explains a lab's protocols and chain of custody—without rendering an independent opinion based on an absent analyst's conclusions—does not implicate the same Confrontation Clause concerns, and alternatively found any error non-fundamental because the challenged facts were established through other witnesses. The court also held that separate touches to different body parts (breasts, buttocks, vagina) each constitute a distinct criminal act for double jeopardy purposes under Graham and Trappman.
Key facts
- Defendant was convicted in trial court of sexual battery and lewd and lascivious offenses against a minor based on evidence including DNA mixture analysis and testimony regarding the defendant's contact with multiple body parts of the victim.
- Defendant appealed on three grounds: the admissibility of DNA evidence analyzed by manual (non-software) method, a Confrontation Clause challenge to substitute witness testimony about an absent analyst's report following Smith v. Arizona (2024), and a double jeopardy challenge to multiple molestation counts arising from separate touches to different body parts.
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Why it matters
This opinion is notable for being an early Florida appellate application and limitation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona, giving prosecutors and defense counsel a concrete framework for… — full analysis with a trial
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