Florida District Courts of Appeal, 2000

Henry v. State

Henry v. State
Florida District Courts of Appeal · Decided June 28, 2000 · Blue, Green, Parker
765 So. 2d 154; 2000 Fla. App. LEXIS 8000; 2000 WL 826241 (Southern Reporter, Second Series)

Henry v. State

Opinion of the Court

PARKER, Acting Chief Judge.

Joseph Henry appeals from his judgment and sentence for burglary of a dwelling, petit theft, and possession of burglary tools. He contends that the trial court committed reversible error in prohibiting the admission into evidence of a proffered out-of-court statement. Henry’s codefend-ant raised this samé issue in Buchanan v. State, 743 So.2d 59 (Fla. 2d DCA 1999), and this court reversed and remanded for a new trial. Therefore, based on our opinion in Buchanan, we reverse Henry’s judgment and sentence and remand for a new trial.

Reversed and remanded.

BLUE and GREEN, JJ., Concur.

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