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McNEAL v. STATE

No. SC13-650.

140 So.3d 991 (2014)

Demetrice Armicle McNEAL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 5, 2014.

Attorney(s) appearing for the Case

Diana L. Johnson of Johnson and Lufrano, P.A., Jacksonville, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Trisha Meggs Pate , Bureau Chief, Criminal Appeals, and Donna Antoinette Gerace , Assistant Attorney General, Tallahassee, FL, for Respondent.

QUINCE, J.

We have for review McNeal v. State, 109 So.3d 268, 271 (Fla. 1st DCA 2013), in which the First District Court of Appeal found that satisfying the foundational requirements under the past recollection recorded exception to hearsay need not come from the declarant's testimony.1 At the time that the First District issued its decision below, Polite v. State, 41 So...

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