FREDERICK v. STATE

No. 5D05-2956.

923 So.2d 1288 (2006)

Fimber FREDERICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 31, 2006.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Fimber Frederick appeals the judgment and sentence imposed upon him after he was convicted by a jury of throwing a deadly missile at an occupied vehicle. The primary issue raised by Mr. Frederick is whether the trial court erred in allowing hearsay testimony under the excited utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. (2004). We affirm.

Whether the necessary state of mind is present for a court to admit a statement...

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