ALFONSO PONTON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Smith, 573 So. 2d 306 (Fla. 1990)
  …uing that the interrogation did not satisfy the statute’s requirement, so the trial court should not have allowed the jury to consider the statement as substantive evidence to prove the truth of the matter asserted. The state cites Diamond v. State, 436 So. 2d 364 (Fla. 3d DCA 1983), arguing that the trial court properly applied the statute to admit the evidence. Section 90.801(2)(a) allows a prior inconsistent statement to be admitted as substantive evidence to prove the truth of the matter asserted when it…

  ← 1 / 2 →
• Smith v. State, 539 So. 2d 514 (Fla. 2d DCA 1989)
  …ity to have the jury so instructed. (c) There was no error in admitting as substantive evidence other statements of that witness which had been sworn statements to the state attorney’s office. See § 90.801(2)(a), Fla.Stat. (1987); Diamond v. State, 436 So. 2d 364 (Fla. 3d DCA 1983). See also Delgado-Santos v. State, 471 So. 2d 74, 78 n. 6 (Fla. 3d DCA 1985), aff'd, 497 So. 2d 1199 (Fla.1986). (d) Nor was there error in the failure to exclude portions of those statements pertaining to defendant’s prior drug…
• Kaysie B. Dudley v. State, 545 So. 2d 857 (Fla. 1989)
  …stent statement made by the witness about what another person told him is hearsay and cannot be used as proof of the facts contained therein. See C. Eh-rhardt, Florida Evidence § 801.2 (2d ed. 1984). The state, relying primarily on Diamond v. State, 436 So. 2d 364 (Fla. 3d DCA 1983), argued to the trial judge that section 90.801(2)(a), Florida Statutes (1985), allows a prior inconsistent statement to be received as substantive evidence if the statement was made under oath subject to the penalty of perjury at…

Authorities Cited

• Jent v. State, 408 So. 2d 1024 (Fla. 1981)
• Ross v. State, 386 So. 2d 1191 (Fla. 1980)
• Olsen v. State, 338 So. 2d 225 (Fla. 3d DCA 1976)