POWELL v. STATE

No. 1D10-4789.

99 So.3d 570 (2012)

Wayne POWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 2, 2012.


Attorney(s) appearing for the Case

Jeffrey E. Lewis , General Counsel, Office of Criminal Conflict and Civil Regional Counsel, Pensacola; and Sheila Callahan , Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, Trisha Meggs Pate , Bureau Chief, and Samuel Perrone , Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


PADOVANO, J.

The defendant, Wayne Powell, appeals his conviction for capital sexual battery. He contends that the trial court erred by admitting two extrajudicial statements into evidence under the excited utterance exception to the hearsay rule. We conclude that both of these statements should have been excluded, because the declarants were recounting events that had taken place many years earlier and they were no longer under the stress of excitement from those...

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