Rogers v. State
Rogers v. State
Opinion of the Court
We affirm Rogers’ convictions and sentences on 125 counts of possession of child pornography. Although the State’s evidence was certainly not overwhelming, we conclude that it was sufficient to survive Rogers’ motion for judgment of acquittal.
Rogers received a composite sentence of seventy-five years in prison. Given that the 125 child pornographic images were on a single CD-ROM and given that Rogers had no prior felony convictions, one might well conclude that the sentence was unduly harsh. However, we cannot accept Rogers’ argument that his sentence violates the cruel and unusual punishment clauses of the United States
Finally, Rogers challenges the admission of an unredacted recording of an approximate one hour conversation between Rogers and his former girlfriend. He argues that the recording includes several improper and prejudicial statements made by the former girlfriend as well as certain inadmissible hearsay. However, no contemporaneous objection was made to the introduction of the recording at trial, and its admission did not constitute fundamental error. These arguments are more appropriately addressed in a post-conviction motion.
AFFIRMED.
. Amend. VIII, U.S. Const.
. Art. I, § 17, Fla. Const.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.