MARSHALL v. STATE

No. 5D10-636.

68 So.3d 374 (2011)

Dorall Daniel MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 26, 2011.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Rebecca M. Becker , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Kellie A. Nielan , Assistant Attorney General, Daytona Beach, for Appellee.


TORPY, J.

Appellant seeks a new trial based upon the trial court's ruling that precluded him from impeaching the victim with a prior inconsistent statement. The trial court curtailed the impeachment based on the conclusion that the prior inconsistent statement was inadmissible hearsay. We reverse and remand for a new trial.

Appellant was convicted of several charges arising from a drive-by shooting of the victim, who was walking down the street when he was...

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