Florida District Courts of Appeal, 2009

Allen v. State

Allen v. State
Florida District Courts of Appeal · Decided July 15, 2009 · Stevenson, Levine
12 So. 3d 919; 2009 Fla. App. LEXIS 9610; 2009 WL 2031012 (Southern Reporter, Third Series)

Allen v. State

Opinion

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

This case is before us on remand from the Supreme Court of Florida for reconsid *920 eration following its decision in Yisrael v. State, 993 So.2d 952 (Fla. 2008). In Yisra-el, the supreme court disapproved of our decision as it related to the admission of a release date letter from the Department of Corrections as either a business or public records exception to the hearsay rule. However, “the supreme court held that a signed release date-letter, written under seal, or a section 90.902(11) business record certification, may be used to authenticate an attached DOC ‘Crime and Time Report’ to render the entire report admissible under the public records exception to the hearsay rule.” Ingram v. State, 7 So.3d 657, 657-58 (Fla. 4th DCA 2009) (citing Yisrael, 993 So.2d at 960).

Here, the State admitted the Crime and Time Report with the required authentication to support an enhanced sentence under the Prison Releasee Reoffender statute as approved in Yisrael. We therefore affirm.

Affirmed.

STEVENSON, MAY and LEVINE, JJ., concur.

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