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JOHNSON v. STATE

No. 87-1201.

534 So.2d 1212 (1988)

Michael J. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 11, 1989.

Attorney(s) appearing for the Case

Bert Winkler of Mitchell, Hanser, Schwartz & Winkler, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mardi Levey Cohen, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

REVERSED. We agree with appellant that the trial court erred in admitting into evidence a tape made by police at the stabbing victim's deathbed which recorded the anguished sounds of the victim in his last moments of life. See § 90.403, Fla. Stat. (1987); Young v. State, 234 So.2d 341 (Fla. 1970). Although the issue is extremely close, we reject appellant's claim that the trial court erred in denying...

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