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Romero v. State

District Court of Appeal of Florida, Third District
Mar 13, 1996
670 So. 2d 129 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-132.

March 13, 1996.

An Appeal from the Circuit Court for Dade County, Michael B. Chavies, Judge.

Bennett H. Brummer, Public Defender and Barbara Green, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, Linda S. Katz, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.


The only point on appeal that merits discussion is the trial court's admission of the victim's hearsay statement made to a police officer only minutes after the alleged incident occurred identifying the defendant as the perpetrator of the crime. Because the State did show that there was a relatively short interval of time between the time of the incident and the police officer's arrival on the scene, we find that the trial court properly admitted the statement identifying the defendant as an excited utterance exception to the hearsay rule. Joseph v. State, 636 So.2d 777, 782 (Fla. 3d DCA 1994).

Affirmed.


Summaries of

Romero v. State

District Court of Appeal of Florida, Third District
Mar 13, 1996
670 So. 2d 129 (Fla. Dist. Ct. App. 1996)
Case details for

Romero v. State

Case Details

Full title:JAVIER ROMERO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 13, 1996

Citations

670 So. 2d 129 (Fla. Dist. Ct. App. 1996)

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