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SUTTON v. STATE

No. 3D03-1503.

909 So.2d 292 (2005)

Jeffrey L. SUTTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion Denying Rehearing August 10, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and GREEN, JJ.

PER CURIAM.

Jeffrey L. Sutton appeals his conviction for second degree murder. We affirm.

In the first point on appeal, the State concedes that the trial court erred by overruling a defense objection to certain hearsay testimony giving a description of defendant-appellant Sutton shortly after the date of the crime. See Puryear v. State, 810 So.2d 901, 903-04 (Fla.2002). We are convinced, however, that this error was...

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