ARRIETA-ROLON v. STATE

No. 4D08-2269.

36 So.3d 124 (2010)

Juan ARRIETA-ROLON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 21, 2010.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Barbara J. Wolfe, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


GERBER, J.

Juan Arrieta-Rolon (the "defendant") appeals his conviction for first-degree murder. He argues that the trial court erred by admitting into evidence, as excited utterances, hearsay statements which a witness gave to a police officer at the scene. We agree with the defendant that the statements were not excited utterances. However, the state has shown beyond a reasonable doubt that the statements, which merely corroborated the witness's trial testimony,...

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