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KIMBROUGH v. STATE

No. 4D01-288.

846 So.2d 630 (2003)

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

District Court of Appeal of Florida, Fourth District.

May 28, 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.

ON MOTION FOR REHEARING

WARNER, J.

The state moves for rehearing, citing two cases from foreign jurisdictions that it contends conflict with our holding. However, each case is distinguishable.

In State v. Marcy, 165 Vt. 89, 680 A.2d 76 (1996), the tape recorded statement of a domestic violence victim was admitted as a past recollection recorded. The main issue for the court was whether the statement...

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