Kirkland v. State

NIMMONS, Judge.

Kirkland appeals from a conviction and sentence for burglary with assault under Section 810.02(2)(a), Florida Statutes (1985). Kirkland claims error in the trial court’s allowing into evidence the sworn statement given to a police officer by the victim, the appellant’s girlfriend.

The evidence at trial showed that Officer Donaldson of the Graceville Police Department was present at the victim’s apartment on the afternoon of November 5, heard the victim “holler” at appellant to leave the area, and thereafter told appellant to leave and stay away from “her property”.

A few hours…