MONTANO v. STATE

No. 4D02-825.

846 So.2d 677 (2003)

Margarito MONTANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 4, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Richard B. Greene, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

The main issue in this appeal is whether a crucial witness's tape-recorded statement given to the police shortly after a criminal incident was properly admitted in evidence under the recorded recollection exception to the hearsay rule, section 90.803(5), Florida Statutes (2001). We hold that the tape recording was improperly admitted in evidence because the witness who made the statement did not acknowledge its accuracy at trial.

However, we conclude...

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