Henry v. State

765 So. 2d 154, 2000 Fla. App. LEXIS 8000, 2000 WL 826241

Opinion

PARKER, Acting Chief Judge.

Joseph Henry appeals from his judgment and sentence for burglary of a dwelling, petit theft, and possession of burglary tools. He contends that the trial court committed reversible error in prohibiting the admission into evidence of a proffered out-of-court statement. Henry’s codefend-ant raised this samé issue in Buchanan v. State, 743 So.2d 59 (Fla. 2d DCA 1999), and this court reversed and remanded for a new trial. Therefore, based on our opinion in Buchanan, we reverse Henry’s judgment and sentence and remand for a new trial.

Reversed and remanded.

BLUE and GREEN, JJ., Concur.