FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D16-4521
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JAMES ROBERT GALLAGHER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
Jack Schemer, Judge.
May 21, 2019
PER CURIAM.
Appellant challenges his conviction for two counts of sexual
battery of a child—his own biological daughter—when she was
between age six or seven, and ten or eleven. We have examined in
full and on the merits the four issues he raises on appeal, and
find no merit in them. In addition, we find that Appellant failed
to preserve his argument that the trial court erred by failing to
make an express finding that the State proved by clear and
convincing evidence Appellant’s similar abuse of two other girls.
Appellant does not challenge the sufficiency of the evidence, and
the record does not indicate that the trial court was unaware of
the standard. See McLean v. State,
934 So. 2d 1248, 1261-62 (Fla.
2006) (requiring clear and convincing evidence of prior acts of
child molestation). Accordingly, we AFFIRM.
ROWE, BILBREY, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender; and Victor D. Holder, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General; and Trisha Meggs Pate,
Assistant Attorney General, Tallahassee, for Appellee.
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