Apolinar v. State

OPINION

During the appellant’s trial for aggravated robbery, the trial court admitted a hearsay statement made by the victim four days after the attack. We granted review to determine whether the victim’s hearsay statement qualifies as an excited utterance. We conclude that it does because a reasonable trial judge could have concluded that the victim was still under the influence of the startling event — the robbery— when he made the statement.

I. Facts and Procedural History

Pelagio Jimenez was attacked and robbed by two assailants on a Friday. During the attack, he disarmed the two attackers…