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YOUNG v. STATE

No. 3D06-374.

979 So.2d 1097 (2008)

David YOUNG, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 9, 2008.

Attorney(s) appearing for the Case

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

Bill McCollum, Attorney General, and Magaly Rodriguez and William J. Selinger, Assistant Attorneys General, for appellee.

Before COPE and GREEN, JJ., and SCHWARTZ, Senior Judge.

COPE, J.

David Young appeals his conviction for burglary.1 He contends that the trial court erred by overruling a defense hearsay objection and allowing testimony under the excited utterance exception to the hearsay rule. We conclude that no error has been shown.

At 2:00 a.m. on the crime date, defendant-appellant Young went to an apartment where his ex-girlfriend resided. He pounded on the windows and door. The ex-girlfriend opened...

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