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898 So. 2d 1205

Docket No. 3D03-2603.

Towbridge v. State

Otis Lamar TOWBRIDGE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 13, 2005.

Rehearing Denied May 4, 2005.

District Court of Appeal of Florida · decided 2005-04-13

Cited by 6 later decisions — most recently August 2012

5 state decisions

Relies on Crawford v. Washington · Herrera-Vega v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-04-13

View the full empirical analysis of this case →

¶1*1206 John H. Lipinski, for appellant.

¶2Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, for appellee.

¶3Before GREEN, RAMIREZ and WELLS, JJ.

¶4PER CURIAM.

¶5Otis Lamar Towbridge appeals his conviction and sentence on two counts of aggravated battery with great bodily harm and using a deadly weapon. Of the six issues raised by Towbridge, we write only to address the issue of the admission of a 911 tape, which was admitted as a spontaneous statement pursuant to section 90.803(1), Florida Statutes (2003). In Herrera-Vega v. State,888 So.2d 66, 67 (Fla. 5th DCA 2004), the Fifth District held that Crawford v. Washington,541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), was inapplicable to nontestimonial spontaneous statements. We agree with that analysis and affirm.

¶6Affirmed.

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