VINTON ALRICK GRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the documents submitted by the Department of Corrections to establish a prisoner's release date complied with the requirements of Yisrael v. State.
The state introduced an affidavit and attached report from a DOC official as evidence of Graham's prison release date. This court's prior decision was…
The full statement of facts, procedural history, and disposition for this case are member content.
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On Remand from the Florida Supreme Court
After the supreme court granted review based upon our reliance on Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), disapproved in part, 993 So.2d 952 (Fla.2008), it granted the petition, quashing our decision and remanding for reconsideration upon application of Yisrael. That decision involved whether documents submitted by the Department of Corrections to establish a prisoner’s release date from prison were admissible as exceptions to the hearsay rule. In quashing the opinion of this court, the supreme court noted that it did not have the full appellate record and could not determine for itself whether the documents submitted during Graham’s sentencing complied with Yisrael.
We have examined the record. The affidavit of the DOC official and attached report, which the state introduced as evidence of Graham’s prison release date, comply with Yisrael. We therefore affirm.1
HAZOURI and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Acosta v. State, 10 So. 3d 1181 (Fla. 4th DCA 2009)…osta as a prison release reoffender was proper because, in submitting the DOC release-date letter, the State met the requirements of the public record hearsay exception articulated in Yisrael. Therefore, as in our recent decision in Graham v. State, 8 So. 3d 1284 (Fla. 4th DCA 2009), we affirm the trial court’s sentence. WARNER, HAZOURI and LEVINE, JJ., concur.…
Authorities Cited
- Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)