Smith v. State

Full title: LORENZO FOTEL SMITH, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 19, 1999

744 So. 2d 1248 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-3228.

Opinion Filed November 19, 1999.

Appeal from the Circuit Court for Volusia County, C. McFerrin Smith III, Judge.

James B. Gibson, Public Defender, and Janet Brook Goodrich, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Lorenzo Smith appeals his conviction on the charge of second-degree murder,¹ arguing that the trial court's admission of the victim's dying declaration violated his constitutional rights to confront his accuser² and to receive due process of law³. This argument is completely devoid of merit. See Conner v. State, 24 F.L.W. S428 (Fla. 1999); see also Ohio v. Roberts, 448 U.S. 56 (1980).

1 § 782.04(2), Fla. Stat. (1997).

2 Art. I, § 16(a), Fla. Constn.

3 Art. I, § 9, Fla. Constn.

JUDGMENT and SENTENCE AFFIRMED.

ANTOON, C.J., HARRIS and GRIFFIN, JJ., concur.