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POLLARD v. STATE

No. 3D00-3628.

807 So.2d 735 (2002)

Joseph C. POLLARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 13, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Margaret Brodsky, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before COPE, LEVY and SORONDO, JJ.

PER CURIAM.

Joseph C. Pollard appeals his conviction for first degree murder and armed robbery.

First, the hearsay statement of witness Simmons was properly admitted into evidence. Defense counsel had successfully objected on earlier occasions that the State had failed to lay a proper predicate for demonstrating that Mr. Simmons' statement qualified as an excited utterance. The State ultimately laid the proper predicate. See § 90.803(2), Fla. Stat...

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