Brown v. State
Brown v. State
Opinion of the Court
The trial court erred in allowing Dr. Eric Jensen to testify telephonically at the appellant’s annual review trial held pursuant to section 394.918(3), Florida
We cannot say that the error was harmless. Aside from Dr. Jensen’s testimony, there was no other evidence to support the trial court’s finding that the State proved by clear and convincing evidence that the appellant’s mental condition remained such that it was not safe for him to be at large and that, if released, he was likely to engage in acts of sexual violence. Cf. Golden & Cowan, P.A. v. Estate of Kosofsky, 45 So.3d 986 (Fla. 3d DCA 2010) (holding that the trial court’s error in allowing telephonic testimony over the appellant’s objection and in violation of rule 2.530(d)(1) was harmless due to the existence of other independent evidence which would have supported the trial court’s decision). Accordingly, we reverse and remand for a new annual review trial.
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.