DIAZ v. STATE

No. 5D10-1407.

62 So.3d 1216 (2011)

Juan Idel DIAZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 10, 2011.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Nancy Ryan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Roark Wall , Assistant Attorney General, Daytona Beach, for Appellee.


JACOBUS, J.

The appellant, Juan Diaz, timely appeals the judgment and sentence entered after a jury found him guilty of robbery with a deadly weapon. Diaz contends the lower court erred in denying his motion for mistrial made after the prosecutor referred to subject matter that was excluded before trial, and in allowing a detective to testify to hearsay statements. We agree that it was error to admit hearsay testimony from a non-testifying witness and, therefore,...

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