MAJED HACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1992-04-03
No. 91-1462
GOSHORN, C.J., and COWART and DIAMANTIS, JJ., concur.
596 So. 2d 521 Florida District Court of Appeal, Fifth District (1992) Negative Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

At the scene of a stabbing, the victim made a statement to a police officer as to the identity of the person who stabbed the victim. The victim died and the police officer was permitted at the trial of the defendant to testify as to the statement made by the victim. The defendant was convicted of murder and appeals.

The deceased victim’s statement to the police officer did not qualify for admission into evidence under the dying declaration exception to the hearsay rule but it was properly admitted under the res gestae exception to hearsay rule as explained in Monarca v. State, 412 So. 2d 443 (Fla. 5th DCA 1982).

AFFIRMED.

GOSHORN, C.J., and COWART and DIAMANTIS, JJ., concur.


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  • Hollinger v. State, 620 So. 2d 1242 (Fla. 1993)
    …GRIMES, Justice. We review State v. Hollinger, 596 So. 2d 521 (Fla. 5th DCA 1992), because of certified conflict with Cox v. State, 586 So. 2d 1321 (Fla. 2d DCA 1991), Wallace v. State, 540 So. 2d 254 (Fla. 4th DCA 1989), and Spann v. State, 529 So. 2d 825 (Fla. 4th DCA 1988). We have jurisdiction under articl…
  • State v. R.R., 697 So. 2d 181 (Fla. 3d DCA 1997)
    …uppression hearing was one of the arresting officers. After hearing the officer’s testimony and counsels’ arguments, the trial judge directed the child’s counsel to his chamber to retrieve State v. Hollinger. The trial judge gave her the citation of 596 So. 2d 521 (Fla. 5th DCA 1992). After reviewing the retrieved ease, the trial judge concluded: [T]he Court finds that there’s no seizure here. When the respondent drops the package in this case, there was no show of authority by way of the orders of the respo…
  • State v. Adams, 683 So. 2d 517 (Fla. 2d DCA 1996)
    …ae statements” under sections 90.803(1), (2), and (3)); Stiles, 672 So. 2d 850 (agreeing with analysis of Alexander ); cf. Garcia, 492 So. 2d 360 (relying on pre-Code case to independently justify admission of statement under res gestae rule); Hack, 596 So. 2d 521 (same). We reject, however, the state’s second contention that the trial court erred in dismissing count two of the information. In doing so, we need not address the correctness of the underlying rationale of the trial court’s order that “[cjrimina…
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