The Third District Court of Appeal of Florida has affirmed the convictions of Evin A. Figueroa Hernandez for multiple counts of sexual activity with a minor. The court's decision, issued on October 21, 2026, comes after Hernandez appealed both his convictions and the denial of his postconviction motion based on double jeopardy claims. This ruling has significant implications for the legal standards surrounding child sexual abuse cases in Florida.
Hernandez faced serious charges after being accused of engaging in sexual acts with a twelve-year-old girl, the daughter of his girlfriend. Following a six-day trial in May 2024, a jury found him guilty on six counts of criminal sexual activity. The court sentenced him to a total of twenty-five years in prison for the most severe charge, along with additional sentences for the other counts, which will run concurrently. The trial court also designated him as a sexual predator, a classification that carries long-term consequences.
The case began when the victim reported the incident to her mother after Hernandez allegedly assaulted her in her bedroom. The mother immediately contacted the police, leading to an investigation that included a medical examination and DNA testing. The victim's consistent testimonies, combined with forensic evidence, played a crucial role in securing the convictions against Hernandez.
Background
In this case, Evin A. Figueroa Hernandez was charged with one count of sexual activity with a child by a person in familial or custodial authority, along with five counts of lewd and lascivious molestation. The charges stemmed from an incident on July 16, 2020, when Hernandez was in the victim's bedroom while her mother watched television in another room. After the incident, the victim promptly informed her mother, leading to Hernandez's arrest.
The trial included testimony from various witnesses, including medical professionals who examined the victim and conducted DNA testing. The DNA evidence collected from the victim matched Hernandez's profile, providing strong corroboration of the victim's account. Despite his conviction, Hernandez maintained his innocence throughout the trial and subsequent appeals.
The legal proceedings included a motion for rehearing filed by Hernandez on July 25, 2026, which the court denied. The court consolidated Hernandez's appeals regarding his convictions and the denial of his postconviction motion, allowing for a comprehensive review of the case.
The Ruling
The Third District Court of Appeal ruled to affirm Hernandez's convictions and the trial court's denial of his postconviction motion. The court found that the trial court did not abuse its discretion in admitting the DNA evidence, stating, "The State met the Daubert criteria for reliability." This ruling indicates that the court found the DNA testing methods used in the case to be scientifically valid and properly conducted.
Additionally, the court addressed Hernandez's claims regarding the Confrontation Clause, which protects a defendant's right to confront witnesses against them. The court concluded that any potential violation did not rise to the level of fundamental error that would warrant a reversal of the convictions. The ruling emphasized that the testimony from other witnesses sufficiently supported the case against Hernandez.
Impact
This ruling has significant implications for future cases involving child sexual abuse and the admissibility of DNA evidence. By affirming the trial court's decisions, the Third District Court of Appeal reinforces the standards for evaluating forensic evidence in criminal trials. The court's decision also underscores the importance of the victim's testimony in sexual abuse cases, particularly when corroborated by scientific evidence.
Moreover, the court's interpretation of the Confrontation Clause may influence how courts handle similar claims in the future. By clarifying the boundaries of witness testimony and the admissibility of forensic reports, this ruling could affect the strategies employed by defense attorneys in sexual abuse cases.
What's Next
Hernandez's options for further appeals are limited, as the Third District Court of Appeal has upheld the convictions. However, he may seek to challenge the ruling in the Florida Supreme Court, depending on the legal grounds available. As of now, no related cases are pending that would directly impact this ruling.