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Rodriguez v. State

District Court of Appeal of Florida, Third District
Dec 24, 1991
591 So. 2d 308 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1690.

December 24, 1991.

Appeal from the Circuit Court, Dade County, Martin D. Kahn, J.

Bennett H. Brummer, Public Defender, and Lee Weissenborn, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.


We find no error in the trial court refusing to permit the defendant to introduce evidence of an exculpatory hearsay statement made at the time of his arrest, which was some two and one-half months after the crime with which he was charged. Christopher v. State, 583 So.2d 642 (Fla. 1991); Wasko v. State, 505 So.2d 1314 (Fla. 1987); Lynn v. State, 395 So.2d 621 (Fla. 1st DCA 1981); Watkins v. State, 342 So.2d 1057 (Fla. 1st DCA 1977).

The other points urged for reversal are found to be nonmeritorious. Campbell v. State, 227 So.2d 873 (Fla. 1969), cert dismissed, 400 U.S. 801, 91 S.Ct. 7, 27 L.Ed.2d 33 (1970); Hornbeck v. State, 77 So.2d 876 (Fla. 1955); Parker v. State, 570 So.2d 1048 (Fla. 1st DCA 1990); State v. Amaro, 436 So.2d 1056 (Fla. 2d DCA 1983); Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Therefore, the verdict of adjudication of guilt and sentences under review are affirmed.

Affirmed.


Summaries of

Rodriguez v. State

District Court of Appeal of Florida, Third District
Dec 24, 1991
591 So. 2d 308 (Fla. Dist. Ct. App. 1991)
Case details for

Rodriguez v. State

Case Details

Full title:PEDRO RODRIGUEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 24, 1991

Citations

591 So. 2d 308 (Fla. Dist. Ct. App. 1991)

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