Opinion
No. 2d99-1632.
June 28, 2000.
Appeal from the Circuit Court for Highlands County; J. Dale Durrance, Judge.
Reversed and Remanded.
Steve Kackley, Sebring, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anne S. Weiner, Assistant Attorney General, Tampa, for Appellee.
Joseph Henry appeals from his judgment and sentence for burglary of a dwelling, petit theft, and possession of burglary tools. He contends that the trial court committed reversible error in prohibiting the admission into evidence of a proffered out-of-court statement. Henry's codefendant raised this same issue in Buchanan v. State, 743 So.2d 59 (Fla. 2d DCA 1999), and this court reversed and remanded for a new trial. Therefore, based on our opinion in Buchanan, we reverse Henry's judment and sentence and remand for a new trial.
Blue and Green, JJ., Concur.