RODRIGUEZ v. STATE

No. 4D09-556.

65 So.3d 1133 (2011)

Rene RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 18, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Gary Lee Caldwell , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

We write primarily to address one issue—whether a witness's trial testimony may be impeached by the introduction of a prior inconsistent statement when the witness says that he does not remember the earlier statement. By claiming such a lack of memory, the witness does not "distinctly admit" the prior inconsistent statement within the meaning of section 90.614(2), Florida Statutes (2009), so that extrinsic evidence of the statement is admissible as...

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