Armando Lazaro Cordovi v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: April 3, 2024
• Docket: 2022-1393
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 3, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-1393 Lower Tribunal No. F21-10388 ________________

Armando Lazaro Cordovi, Appellant,

vs.

The State of Florida, Appellee.

An appeal from the Circuit Court for Miami-Dade County, Teresa Pooler, Judge.

Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

Before FERNANDEZ, LINDSEY, and MILLER, JJ.

PER CURIAM. Affirmed. See Thach v. State, 342 So. 3d 620, 625 (Fla. 2022)

(affirming denial of motion for continuance after mid-trial amendment to

information “using the prejudice standard and engaging in a fact-specific

individualized inquiry”); Lopez v. State, 888 So. 2d 693, 699 (Fla. 1st DCA

2004), aff’d, 974 So. 2d 340 (Fla. 2008) (“Many courts have concluded that

a hearsay statement made in a 911 call is not testimonial, because the

statement is not made in response to police questioning, and because the

purpose of the call is to obtain assistance, not to make a record against

someone.”); Thompson v. State, 247 So. 3d 706, 710 (Fla. 3d DCA 2018)

(holding 911 calls can be admitted “as either a spontaneous statement

pursuant to section 90.803(1) . . . or an excited utterance pursuant to section

90.803(2), [Florida Statutes (2022)]”).