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ALLEN v. STATE

No. 1D14-1254.

157 So.3d 540 (2015)

Anthony ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 23, 2015.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Megan Lynne Long , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Bryan Jordan , Assistant Attorney General, Tallahassee, for Appellee.

AFFIRMED. "Whether the necessary state of mind exists in the declarant to qualify the statement as an excited utterance is a preliminary fact for the court to determine pursuant to Section 90.105, Florida Statutes, and the court's rulings are reviewed for an abuse of discretion. Cotton v. State...

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