Washington V. Avila

AGID, J. -- A jury convicted David J. Avila of first degree child molestation. He appeals, arguing that the trial court erred in ruling that the victim, NT, who was 5 years old at the time of trial, was competent to testify and in allowing her to testify at trial without first administering an oath. We conclude that the trial court did not abuse its discretion in finding NT competent and that its failure to administer an oath was neither preserved for review nor prejudicial error and affirm.