Kirkland v. State

ON MOTION FOR REHEARING

NIMMONS, Judge.

Subsequent to the issuance of our opinion, 495 So.2d 831, the Florida Supreme Court issued its opinion in State v. Delgado-Santos, 497 So.2d 1199 (Fla.1986), the pendency of which case was noted at footnote three of our opinion.

In Delgado-Santos, the Supreme Court held that a “police interrogation” was not intended to be an “other proceeding” within the meaning of Section 90.801(2)(a), Florida Statutes. We do not believe that the Supreme Court intended that its holding disqualify the kind of statement given in the instant case; i.e. a sworn statement…