DELGADO-SANTOS v. STATE

No. 83-2031.

471 So.2d 74 (1985)

Mario DELGADO-SANTOS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 8, 1985.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and John H. Lipinski and Arthur W. Carter, Sp. Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen. and Charles H. Fahlbusch, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.


SCHWARTZ, Chief Judge.

This appeal is from convictions, after a jury trial, of first degree murder and armed robbery. The controlling question presented is whether a police interrogation is a "proceeding" under section 90.801(2)(a), Florida Statutes (1981), so as to permit the admission as substantive evidence of a trial witness's prior inconsistent statement made during such questioning. On the conclusion that it is not, we reverse the judgment below for a new trial...

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