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MARSHALL v. STATE

No. 3D07-489.

45 So.3d 470 (2010)

Henry MARSHALL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion Denying Rehearing and Rehearing En Banc October 27, 2010.

Attorney(s) appearing for the Case

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

Bill McCollum , Attorney General, and Nicole Hiciano , Assistant Attorney General, for appellee.

Before SHEPHERD, CORTIÑAS, and SALTER, JJ.

PER CURIAM.

Affirmed. See U.S. v. Proctor, 505 F.3d 366 (5th Cir.2007).

CORTIÑAS and SALTER, JJ., concur.

SHEPHERD, J., dissenting.

Henry Marshall challenges his conviction for armed robbery on the ground the only evidence offered to prove he was armed was hearsay evidence, admitted over his objection in violation of the Confrontation Clause of both the United States and Florida Constitutions...

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