Allen v. State

Full title: Anthony ALLEN, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Feb 23, 2015

157 So. 3d 540 (Fla. Dist. Ct. App. 2015)

Opinion

No. 1D14–1254.

2015-02-23

Anthony ALLEN, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Alachua County. Ysleta W. McDonald, Judge. Nancy A. Daniels, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

An appeal from the Circuit Court for Alachua County. Ysleta W. McDonald, Judge.
Nancy A. Daniels, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

AFFIRMED. “Whether the necessary state of mind exists in the declarant to qualify the statement as an excited utterance is a preliminary fact for the court to determine pursuant to Section 90.105, Florida Statutes, and the court's rulings are reviewed for an abuse of discretion. Cotton v. State, 763 So.2d 437, 440–41 (Fla. 4th DCA 2000).” Mariano v. State, 933 So.2d 111, 115–116 (Fla. 4th DCA 2006). MARSTILLER and RAY, JJ., and TERRY D. TERRELL, Associate Judge, concur.