DIAZ v. STATE

No. 3D13-619.

139 So.3d 431 (2014)

Raul DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 28, 2014.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Jonathan Greenberg , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Michael W. Mervine , Assistant Attorney General, for appellee.

Before WELLS, EMAS and SCALES, JJ.


EMAS, J.

Raul Diaz was arrested and charged with assault of his stepdaughter, resisting an officer with violence, and battery on a law enforcement officer. Following a trial, Diaz was convicted of the three crimes charged. Diaz appeals from his conviction, and, for the reasons that follow, we affirm in part and reverse in part.

At trial, the State presented two 911 calls. In the first call, the caller (Diaz's stepdaughter, Rachel Llerena) told the 911 operator...

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