CHERRY v. STATE

No. 1D13-0856.

135 So.3d 1131 (2014)

Cameron Tyler CHERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 22, 2014.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Gail E. Anderson , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Justin D. Chapman , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant raises several issues on appeal from his conviction for murder and sentence of life imprisonment. We find one issue to be dispositive and requires us to reverse and remand for a new trial. The trial court abused its discretion in admitting a statement as a past recollection recorded without the proper predicate being presented. In making its ruling, the trial court relied on the reasoning of the Fifth District Court of Appeal in Polite v....

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