Legal Opinion

Day v. State

District Court of Appeal of Florida

Decided June 27, 2001No. 4D00-1058Published

1Opinion of the CourtWarner, C.J.

Appellant raises two issues challenging his conviction for attempted robbery. First, he claims that fundamental error occurred when the victim implied that appellant had committed a murder three years before. Second, he claims that the court erred in sustaining hearsay objections to testimony regarding statements made by the victim and another witness to appellant. We affirm on both issues.

As to the first issue, it is not clear from the victim’s statement that he was accusing appellant of a murder. No objection was made, and it was never mentioned again. Even if we were to assume that the…

2Cases cited8 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Williams v. StateSupreme Court of Florida · 1959
  3. Steinhorst v. StateSupreme Court of Florida · 1982
  4. Keen v. StateSupreme Court of Florida · 2000
  5. Travers v. StateDistrict Court of Appeal of Florida · 1991

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