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POLITE v. STATE

No. SC10-1812.

116 So.3d 270 (2013)

Darius Jamine POLITE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 6, 2013.

Attorney(s) appearing for the Case

William Rudolf Ponall and Warren William Lindsey of Kirkconnell, Lindsey, Snure & Ponall, P.A., Winter Park, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, Kristen Lynn Davenport and Wesley Harold Heidt , Assistant Attorneys General, Daytona Beach, FL, for Respondent.

PER CURIAM.

Darius Polite petitions this Court to review the decision of the Fifth District Court of Appeal in Polite v. State, 41 So.3d 935 (Fla. 5th DCA 2010), which expressly and directly conflicts with decisions of the Second and Fourth District Courts of Appeal regarding the requirements for the admission of a record or memorandum of past recollection recorded under section 90.803(5), Florida Statutes (2008). We have...

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