KIMBROUGH v. STATE

No. 4D01-288.

846 So.2d 540 (2003)

Nathaniel KIMBROUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 12, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant challenges his multiple convictions arising out of an armed car-jacking incident. The issue which we address is whether the court erred in admitting the co-defendant's taped statement as a past recollection recorded over appellant's objection that the state failed to lay the proper predicate for its admission. Because the co-defendant admitted he had no recollection of his statement and could not identify his voice on the tape, we hold the state...

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