WILSON v. STATE

No. 4D08-4091.

45 So.3d 514 (2010)

Edgar J. WILSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 3, 2010.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Peggy Natale , Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellee.


GROSS, C.J.

The issue we address in this case is whether the trial judge abused his discretion in ruling that appellant failed to establish the unavailability of a witness under section 90.804, Florida Statutes (2008) so that the witness's former testimony could be used at trial as an exception to the rule against hearsay. See § 90.802, Fla. Stat. (2008). Finding no abuse of discretion, we affirm.

The state charged Edgar Wilson with two counts...

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