CARMELO PADILLA
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2020-06-10
No. 19-1164
Florida District Court of Appeal, Third District (2020)

Per_curiam
Per Curiam

PER CURIAM.

Affirmed. See Davis v. State, 207 So. 3d 177, 193 (Fla. 2016) (“To be admissible, a prior inconsistent statement must either directly contradict or materially differ from the . . . testimony at trial.” (citing Pearce v. State, 880 So. 2d 561, 569 (Fla. 2004))); Brooks v. State, 918 So. 2d 181, 200 (Fla. 2005) (“Florida courts have held that a witness’s inability to recall making a prior statement is not synonymous with providing trial testimony that is inconsistent with a prior statement.”), receded from on other grounds by State v. Sturdivant, 94 So. 3d 434 (Fla. 2012); Espinoza v. State, 37 So. 3d 387, 388 (Fla. 4th DCA 2010).


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