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DAVIS v. STATE

No. DD-39.

349 So.2d 205 (1977)

Edward L. DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 13, 1977.

Attorney(s) appearing for the Case

Frank E. Sheffield, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., Tallahassee, for appellee.

SMITH, Judge.

A co-defendant's statement incriminating herself and Davis was received in evidence in their joint trial, over Davis' objection. Although the statement contained hearsay inadmissible against Davis, his counsel knew of the statement long before the trial and made no motion for severance until the trial was well under way. The motion for severance was untimely under Fla.R.Crim.P. 3.153,1 but the trial court had discretion under...

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