PEDRO RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1991-12-24
No. 90-1690
Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.
591 So. 2d 308 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

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.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Cotton v. State, 763 So. 2d 437 (Fla. 4th DCA 2000)
    …gan v. State 511 So. 2d 442 (Fla. 5th DCA 1987)(exculpato-ry statements made by defendant to arresting officer four hours after burglary were hearsay and self-serving), (citing Fagan v. State, 425 So. 2d 214 (Fla. 4th DCA 1983)); Rodriguez v. State, 591 So. 2d 308 (Fla. 3d DCA 1991)(exculpato-ry hearsay statement at time of arrest approximately two and one-half months after the crime properly excluded); Watkins v. State, 342 So. 2d 1057 (Fla. 1st DCA 1977)(trial court did not err in refusing to permit defenda…
  • Ferris Waller v. DSA Grp., Inc., 606 So. 2d 1234 (Fla. 2d DCA 1992)
    …order denying stay pending appeal. Under these circumstances, we review the order under rule 9.310(f) as an order denying stay, but note that a separate appeal is usually filed to challenge a judgment of garnishment. See generally Flanary v. Bailey, 591 So. 2d 308 (Fla. 5th DCA 1991); Florida Pub. Serv. Comm’n v. Pruitt, Humphress, Powers & Munroe Advertising Agency, Inc., 587 So. 2d 561 (Fla. 1st DCA 1991). Rule 9.310 makes no reference to a cash deposit. We have located no Florida case holding that a party…
  • Rodriguez v. State, 917 So. 2d 958 (Fla. 3d DCA 2005)
    …unt V for armed robbery; thirty years with a fifteen-year minimum mandatory on count VI for conspiracy to traffic in cocaine; and life with a fifteen-year minimum mandatory on count VII for armed trafficking. This court affirmed. Rodriguez v. State, 591 So. 2d 308 (Fla. 3d DCA 1991), review denied, 601 So. 2d 553 (Fla.1992). Defendant subsequently filed a Rule 3.800(a) motion to correct the judgment to indicate that counts II-IV, VI, VII were first degree rather than life felonies, and to resentence him to n…

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