Towbridge v. State
This text of 898 So. 2d 1205 (Towbridge v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Otis Lamar TOWBRIDGE, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
*1206 John H. Lipinski, for appellant.
Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, for appellee.
Before GREEN, RAMIREZ and WELLS, JJ.
PER CURIAM.
Otis Lamar Towbridge appeals his conviction and sentence on two counts of aggravated battery with great bodily harm and using a deadly weapon. Of the six issues raised by Towbridge, we write only to address the issue of the admission of a 911 tape, which was admitted as a spontaneous statement pursuant to section 90.803(1), Florida Statutes (2003). In Herrera-Vega v. State, 888 So.2d 66, 67 (Fla. 5th DCA 2004), the Fifth District held that Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), was inapplicable to nontestimonial spontaneous statements. We agree with that analysis and affirm.
Affirmed.
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898 So. 2d 1205, 2005 WL 840463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/towbridge-v-state-fladistctapp-2005.