JUAN M. GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JUAN M. GONZALEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
971 So. 2d 891
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
On the record before us, we cannot conclude that the trial court erred in its determination that the State’s witness was unavailable to testify in person at trial, as defined in Florida Rule of Criminal Procedure 3.190(j)(6), due to her advanced age and illness. Thus, the court did not abuse its discretion when it admitted this witness’s perpetuated deposition testimony. See DiBattisto v. State, 480 So. 2d 169 (Fla. 3d DCA 1985). Accordingly, we affirm the appellant’s conviction and sentence for first-degree murder with a firearm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Richardson v. State, 182 So. 3d 918 (Fla. 1st DCA 2016)…itness was unavailable for medical reasons. See Partin v. State, 82 So. 3d 31, 43 (Fla.2011) (recognizing pregnancy-related travel restrictions as valid grounds to find out-of-state witness unavailable'to attend trial in Florida); Gonzalez v. State, 971 So. 2d 891 (Fla. 3d DCA 2007) (affirming trial court’s discretionary decision to determine witness was unavailable “due to her- advanced age and illness”). Appellant also argues that the -trial court improperly relied on his own family experiences with the me…
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Knox v. State, 98 So. 3d 679 (Fla. 4th DCA 2012)…for an abuse of discretion. See Hurst v. State, 18 So. 3d 975, 1007 (Fla.2009) (“[T]he decision whether to grant a motion to perpetuate testimony lies within the discretion of the trial court.”) (citations and quotations omitted); Gonzalez v. State, 971 So. 2d 891, 891 (Fla. 3d DCA 2007) (“[W]e cannot conclude that the trial court erred in its determination that the State’s witness was unavailable to testify in person at trial.... Thus, the court did not abuse its discretion when it admitted this witness’s pe…
Authorities Cited
- DI Battisto v. State, 480 So. 2d 169 (Fla. 3d DCA 1985)