TIMPEST HAMILTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2004-01-21
No. 3D03-3179
Before SCHWARTZ, C.J., and WELLS and SHEPHERD, JJ.
863 So. 2d 484 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003)(en banc), review granted 854 So. 2d 659 (Fla.2003). Conflict certified with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), review denied, 821 So. 2d 302 (Fla.2002).


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Citator

Cited By

  • Penalver v. State, 926 So. 2d 1118 (Fla. 2006)
    …ion 90.801(1)(c), Florida Statutes (2005), as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” (Emphasis added.) See also Hernandez v. State, 863 So. 2d 484 (Fla. [*1132] 4th DCA 2004). Thus, if the statement is offered for the truth of the facts contained in the statement, then the statement is hearsay and must fall within one of the recognized hearsay exceptions outlined in section 90.803 to be admitt…
  • McDADE v. State, 154 So. 3d 292 (Fla. 2014)
    …ion 90.801(l)(c), Florida Statutes (2005), as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence tó prove the truth of the matter asserted.” (Emphasis added.) See also Hernandez v. State, 863 So. 2d 484 (Fla. 4th DCA 2004). Thus, if the statement is offered for the truth of the facts contained in the statement, then the statement is hearsay and must fall within one of the recognized hearsay exceptions outlined in section 90.803 to be admitted into…
  • State v. Pruitt, 967 So. 2d 1021 (Fla. 2d DCA 2007)
    …tween the knock-and-announee and forced entry in early morning execution of search warrant was reasonable where the officers heard movement within, residence was a small trailer, phone was ringing, and no one responded verbally); Hernandez v. State, 863 So. 2d 484 (Fla. 4th DCA 2004) (holding that fifteen seconds was reasonable when footsteps were heard within the residence but no one responded to the door). In this case, the TACT commander testified that he waited “about” twelve seconds after his initial kn…
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