¶1dissenting.
¶2I respectfully dissent from the decision of the majority holding that the statement made by the victim to the paramedic ("Jerry shot me") is admissible as a dying declaration as a matter of law because I do not believe that the evidence here leads solely to the conclusion that the victim knew that death was imminent and had abandoned all hope of recovery. I believe the majority impermissibly invades the province of the trial court in making what I believe is a factual determination.