Hollis v. State

Full title: GERNIE HOLLIS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 24, 1981

395 So. 2d 597 (Fla. Dist. Ct. App. 1981)

Opinion

No. 79-2050.

March 24, 1981.

Appeal from Circuit Court, Dade County; James R. Jorgenson, Judge.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and BASKIN, JJ.

PER CURIAM.

Affirmed. State v. Johnson, 382 So.2d 765 (Fla.2d DCA 1980); § 90.803(2), Fla. Stat. (1979).¹

1 The excited utterance exception to the hearsay rule now codified in the Florida Evidence Code is a re-naming of a hearsay exception which was already part of Florida common law. See the Law Revision Council Note to section 90.803 for a history of the rule.