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POLITE v. STATE

No. 5D08-3921.

41 So.3d 935 (2010)

Darius Jamine POLITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 13, 2010.

Attorney(s) appearing for the Case

William R. Ponall and Warren W. Lindsey, of Kirkconnell, Lindsey, Snure and Yates, P.A., Winter Park, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

LAWSON, J.

Darius Jamine Polite timely appeals his convictions by jury verdict for burglary of a dwelling with an assault or battery, robbery with a firearm, aggravated assault with a firearm and possession of a firearm by a convicted felon.1 Polite contends: (1) that the trial court improperly admitted the victim's written statement into evidence because the predicate for past recollection recorded was not established; (2) that the court...

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