¶1AFFIRMED. “Whether the necessary state of mind exists in the declarant to qualify the statement as an excited utterance is a preliminary fact for the court to determine pursuant to Section 90.105, Florida Statutes, and the court’s rulings are reviewed for an abuse of discretion. Cotton v. State, 763 So.2d 437, 440-41 (Fla. 4th DCA 2000).” Mariano v. State, 933 So.2d 111, 115-116 (Fla. 4th DCA 2006).
157 So. 3d 540
Allen v. State
District Court of Appeal of Florida
Decided February 23, 2015
District Court of Appeal of Florida · decided 2015-02-23
Relies on Cotton v. State · Mariano v. State
Decided 2015-02-23