AKIEN v. STATE

No. 4D09-1224.

44 So.3d 152 (2010)

Bobby Lee AKIEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 12, 2010.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Anthony Calvello , Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Laura Fisher Zibura , Assistant Attorney General, West Palm Beach, for appellee.


LEVINE, J.

The issue presented is whether the trial court erred by admitting the victim's telephone call to 911 as an excited utterance. We find the trial court did not err, and we affirm the conviction and sentence imposed.

The victim, who at the time was seventeen years old, went to sleep only to be awoken some time later by a man with his hand around her neck. The assailant threatened to kill her if she did not stop fighting and increased pressure to her...

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