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MORTIMER v. STATE

No. 4D09-1958.

100 So.3d 99 (2012)

Guy MORTIMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 21, 2012.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Emily Ross-Booker , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Mark J. Hamel , Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

The trial court admitted evidence under a common law hearsay exception that was not a part of the Florida Evidence Code1 at the time of trial. After the trial, the legislature amended the Evidence Code to include the very hearsay exception applied by the trial court. Under these circumstances, the error in invoking the exception at the trial does not justify reversal, since the same evidence would now be admissible at a second...

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