Reed v. State

Full title: Kelvin REED, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 9, 2006

927 So. 2d 954 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D05-1741.

March 17, 2006. Rehearing Denied May 9, 2006.

Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge.

James S. Purdy, Public Defender, and Tomislav D. Golik, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Chandler v. State, 702 So.2d 186, 197-198 (Fla. 1997) (recognizing prior consistent statements are considered non-hearsay if the following conditions are met: the person who made the prior consistent statement testifies at trial and is subject to cross-examination concerning that statement; and the statement is offered to rebut an express or implied charge of improper influence, motive, or recent fabrication, citing Rodriguez v. State, 609 So.2d 493, 499 (Fla. 1992)).

SHARP, W., PALMER, and LAWSON, JJ., concur.