HOWARD v. STATE

No. 1D04-1758.

902 So.2d 878 (2005)

Ron HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 27, 2005.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

In this direct appeal from convictions imposed for kidnapping to inflict bodily harm or to terrorize and felony battery, appellant claims that he is entitled to a new trial because the trial court erred in admitting the hearsay testimony of a deputy sheriff to whom the victim, who was unavailable for trial, excitedly uttered her claims against appellant. The circumstances under which the excited utterances were given in this case meet the third definition...

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