Towbridge v. State
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 (Towbridge v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.