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D.F. v. STATE

No. 98-0741.

730 So.2d 384 (1999)

D.F., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 31, 1999.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The appellant contends that the trial court erred in admitting testimony under the excited utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. (1997). We disagree and affirm.

Whether or not the declarant has the necessary state of mind for his or her statement to constitute an excited utterance is a preliminary question of fact for the court to decide. See Perry v. State, 675 So.2d 976

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