Legal Opinion

Jenkins v. State

District Court of Appeal of Florida

Decided December 16, 2015No. 4D14-445PublishedCited by 10 opinions

1Opinion of the Court

LEVEYCOHEN, MARDI, Associate Judge.

Ernest Jenkins (“Appellant”) appeals his conviction and sentence for failure to re-register as a sexual predator. Appellant argues that the trial court reversibly erred by excluding an out-of-court statement of a stockade employee which Appellant relied upon 'and led him to believe that he was prevented from reregistering. Because the excluded testimony was not being introduced for the truth of the matter asserted blit rather for the effect on the listener, we find that the trial court erred in excluding the statement as hearsay. The error was not harmless,…

2Cases cited9 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Blackwood v. StateSupreme Court of Florida · 2000
  3. Penalver v. StateSupreme Court of Florida · 2006
  4. Alfaro v. StateDistrict Court of Appeal of Florida · 2002
  5. King v. StateDistrict Court of Appeal of Florida · 1996

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3Cited by10 opinions

  1. Billy Joe Pitts v. State of FloridaDistrict Court of Appeal of Florida · 2017
  2. North v. StateDistrict Court of Appeal of Florida · 2017
  3. Corner Land, LLC v. Annex Indus. Park, LLCDistrict Court of Appeal of Florida · 2019
  4. CHRISTOPHER A. STRACHAN v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  5. Calder v. Florida Department of CorrectionsDistrict Court, S.D. Florida · 2023

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