Florida District Courts of Appeal, 1992

Coleman v. State

Coleman v. State
Florida District Courts of Appeal · Decided February 4, 1992 · Barkdull, Gersten, Schwartz
592 So. 2d 788; 1992 Fla. App. LEXIS 866; 1992 WL 16573 (Southern Reporter, Second Series)

Coleman v. State

Opinion of the Court

PER CURIAM.

Rejecting the appellant’s primary point on appeal, we affirm the trial court’s determination that, because the state demonstrated that it had been “unable to procure [the child victim’s] attendance or testimony by process or other reasonable means,” § 90.804(l)(e), Fla.Stat. (1991), she was “unavailable as a witness,” within the meaning of § 90.803(23)(a)2.b., Fla.Stat. (1991), so as to permit the admission of her out of court statements under § 90.803(23). See Putnal v. State, 56 Fla. 86, 47 So. 864, 867 (1908); cf. Stano v. State, 473 So.2d 1282, 1286 (Fla. 1985), cert. denied, 474 U.S. 1093, 106 S.Ct. 869, 88 L.Ed.2d 907 (1986). See generally Charles W. Ehrhardt, Florida Evidence § 804.1, at 546-47 (2d ed. 1984).

The other points presented have no merit and require no discussion.

Affirmed.

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