Livingston v. State

I concur in the affirmance of Livingston’s judgment and sentence for robbery. However, I reach this result by a different path from the one taken by my colleagues in the majority. I agree with the majority that the issues raised by Livingston that the majority does not discuss are without merit. But I disagree with the majority’s analysis about the propriety of using the excited utterance exception to the hearsay rule as a basis for affirming Livingston’s conviction. I also disagree with the majority’s analysis of the question of harmless error,3

*917As the majority notes, the trial court conceded…