STATE OF FLORIDA, APPELLANT,

v.

EMIL GATTO, APPELLEE

Citator

Cited By

• Wise v. State, 546 So. 2d 1068 (Fla. 2d DCA 1989)
  …disputed or relevant to establishing any of the charges. Even if such circumstances were relevant to proving the appellant’s guilt, they could have been established without presenting the contents of the conversation in question. Cf. Bauer v. State, 528 So. 2d 6, 7 (Fla. 2d DCA), cause dismissed, 531 So. 2d 1355 (Fla.1988) (although law enforcement officer may testify about action taken pursuant to information supplied by confidential informant, testimony regarding contents of such information is hearsay).…
• Thomas v. State, 581 So. 2d 993 (Fla. 2d DCA 1991)
  …its burden to show that there is no reasonable possibility that the hearsay affected the verdict; therefore, the admission of the tape recording was reversible error. See State v. DiGuilio, 491 So. 2d 1129, 1139 (Fla.1986). See also Bauer v. State, 528 So. 2d 6 (Fla. 2d DCA 1988). In summary, we reverse the appellant’s conviction for tampering with evidence with instructions that a judgment of acquittal be entered on that charge. We reverse his conviction for resisting arrest without violence and remand f…
• Baird v. State, 553 So. 2d 187 (Fla. 1st DCA 1989)
  …ps for telephones, including Baird’s, and he made the above statement in response to the state’s question inquiring whether Griffith had targeted Baird for prosecution. The testimony was obviously hearsay and improperly admitted. See Bauer v. State, 528 So. 2d 6 (Fla. 2d DCA, 1988). The officer could testify to what he did as a result of information received from others, but should not have been permitted to relate the information so received unless it otherwise met some recognized exception to the hearsay…

Authorities Cited

• State v. Cogswell, 521 So. 2d 1081 (Fla. 1988)
• State v. Emil Gatto, 516 So. 2d 289 (Fla. 4th DCA 1987)