Florida District Courts of Appeal, 2015

Allen v. State

Allen v. State
Florida District Courts of Appeal · Decided February 23, 2015 · Marstiller, Ray, Terrell
157 So. 3d 540; 2015 Fla. App. LEXIS 2459; 2015 WL 735677 (Southern Reporter, Third Series)

Allen v. State

Opinion of the Court

PER CURIAM.

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, 763 So.2d 437, 440-41 (Fla. 4th DCA 2000).” Mariano v. State, 933 So.2d 111, 115-116 (Fla. 4th DCA 2006).

MARSTILLER and RAY, JJ., and TERRY D. TERRELL, Associate Judge, concur.

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