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434 So. 2d 59

Docket No. AO-270.

Wilson v. State

Frederick L. WILSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1983-07-13

Relies on McElveen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-07-13

How this case has been cited

Cited by 4 later decisions — most recently October 2000

4 state decisions

20198319902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., Kathryn L. Sands, Asst. Atty. Gen., for appellee.

¶3WENTWORTH, Judge.

¶4Appellant seeks review of his convictions and sentences for armed burglary and two armed robberies. We affirm because we find that the lower court did not err in admitting evidence of a witness's prior consistent statement over objection on the ground that it was just redundant reinforcement of testimony on direct examination. Appellant's argument here addresses only the court's ruling that there were inferences of recent fabrication during cross examination sufficient to permit use of the statement in rebuttal.

¶5The record reflects that defense counsel extensively questioned the witness as to the circumstances of her own plea negotiations and the state's sentencing recommendation, and as to the circumstance that the witness's sentencing proceeding was being delayed until after appellant's trial. The witness's *60 prior statement was made at the time of her arrest, before any plea negotiations or related events occurred. We conclude that the court properly permitted use of the statement to rebut defense counsel's implied assertion of improper influence, motive, or recent fabrication. See McElveen v. State,415 So.2d 746 (Fla. 1st DCA 1982); § 90.801(2)(b), Florida Statutes.

¶6The order appealed is affirmed.

¶7ROBERT P. SMITH, Jr., and ZEHMER, JJ., concur.

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