HILWON TORRES MARTINEZ
v.
STATE OF FLORIDA
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Collateral sex crimes are admissible under Florida Statute § 90.404(2)(c) when the defendant's conduct conforms to an identifiable pattern with significant similarity to the charged crime.
[1] Collateral sex crimes are admissible under Florida Statute § 90.404(2)(c) when the defendant's conduct conforms to an identifiable pattern with significant similarity to…
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Join FLexlaw to unlock all legal intelligence“For collateral sex crimes to be admissible, courts have applied section 90.404(2)(c) to require significant similarity between the collateral evidence and the charged crime, evidence so similar and specific that it resembles a clear pattern of conduct.”
Court's statement of the legal standard for admitting collateral sex crime evidence
Hilwon Torres Martinez appealed a conviction from Miami-Dade County Circuit Court. The case involved the admissibility of collateral sex crime evidenc…
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Third District Court of Appeal State of Florida
Opinion filed October 15, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2179 Lower Tribunal No. F20-7989 ________________
Hilwon Torres Martinez, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge.
Carlos J. Martinez, Public Defender, and Deborah Prager, Assistant Public Defender, for appellant.
James Uthmeier, Attorney General, and Camilo Montoya, Assistant Attorney General, for appellee.
Before LOGUE, GORDO and LOBREE, JJ.
PER CURIAM.
2
Affirmed. See Reyna v. State, 302 So. 3d 1025, 1031 (Fla. 4th DCA 2020) (“For collateral sex crimes to be admissible, courts have applied section 90.404(2)(c) to require significant similarity between the collateral evidence and the charged crime, evidence so similar and specific that it resembles a clear pattern of conduct. . . . Courts find adequate similarity under 90.404(2)(c) when the defendant’s conduct conforms to an identifiable pattern.”).