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744 So. 2d 1248

Smith v. State

District Court of Appeal of Florida

Decided November 19, 1999

District Court of Appeal of Florida · decided 1999-11-19

Relies on Ohio v. Roberts

Decided 1999-11-19

PER CURIAM.

¶1Lorenzo Smith appeals his conviction on the charge of second-degree murder,1 arguing that the trial court’s admission of the victim’s dying declaration violated his constitutional rights to confront his accuser2 and to receive due process of law3. This argument is completely devoid of merit. See Conner v. State, 24 F.L.W. S428, - So.2d -, 1999 WL 731664 (Fla.1999); see also Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980).

¶2JUDGMENT and SENTENCE AFFIRMED.

ANTOON, C.J., HARRIS and GRIFFIN, JJ., concur.

¶3. § 782.04(2), Fla. Stat. (1997).

¶4. Art. I, § 16(a), Fla. Const.

¶5.Art. I, § 9, Fla. Const.

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