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STATE v. TOPPS

No. 4D13-3256.

142 So.3d 978 (2014)

STATE of Florida, Appellant, v. Avery TOPPS, Appellee.

District Court of Appeal of Florida, Fourth District.

July 30, 2014.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard Valuntas , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Nan Ellen Foley , Assistant Public Defender, West Palm Beach, for appellee.

KLINGENSMITH, J.

The State appeals an order excluding Defendant's statement to a doctor in a hospital emergency room from being introduced at trial. The statement was made to the doctor during an examination while a law enforcement officer was present in the room. The facts herein present an issue of first impression in Florida: may a law enforcement officer testify about a conversation overheard between an arrestee he is...

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