Wilson v. State

The issue we address in this case is whether the trial judge abused his discretion in ruling that appellant failed to establish the unavailability of a witness under section 90.804, Florida Statutes (2008) so that the witness’s former testimony could be used at trial as an exception to the rule against hearsay. See § 90.802, Fla. Stat. (2008). Finding no abuse of discretion, we affirm.

The state charged Edgar Wilson with two counts of aggravated battery with a deadly weapon, alleging that he stabbed two people -with a knife. After a jury trial, he was convicted of one count as charged and of…