KIRKLAND v. STATE

No. BL-399.

495 So.2d 831 (1986)

Billy Joe KIRKLAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 31, 1986.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Ann Cocheu, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for appellee.


NIMMONS, Judge.

Kirkland appeals from a conviction and sentence for burglary with assault under Section 810.02(2)(a), Florida Statutes (1985). Kirkland claims error in the trial court's allowing into evidence the sworn statement given to a police officer by the victim, the appellant's girlfriend.

The evidence at trial showed that Officer Donaldson of the Graceville Police Department was present at the victim's apartment on the afternoon of November 5, heard...

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