Demetrice Armicle McNeal v. State of Florida

We have for review McNeal v. State, 109 So.3d 268, 271 (Fla. 1st DCA 2013), in which the First District Court of Appeal found that satisfying the foundational requirements under the past recollection recorded exception to hearsay need not come from the declarant’s testimony. 1 At the time that the First District issued its decision below, Polite v. State, 41 So.3d 935 (Fla. 5th DCA 2010), quashed, 116 So.3d 270 (Fla.2013), was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

We stayed proceedings in this case pending disposition of Polite, in which we held…