BARBEE v. STATE

No. 93-140.

630 So.2d 655 (1994)

John Randall BARBEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 14, 1994.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and S.C. Van Voorhees, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

This appeal raises one issue: Is the state's failure to strictly comply with the ten-day notice requirement of section 90.404(2)(b)(1), Florida Statutes (1991) in respect to similar-fact evidence, fatal per se to admissibility of that evidence? That section provides:

When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), no fewer than 10 days before trial, the state shall furnish to the accused...

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