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969 So. 2d 1184

Docket No. 4D07-78.

Murray v. State

Robert Wayne MURRAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 5, 2007.

District Court of Appeal of Florida · decided 2007-12-05

Relies on 938 So. 2d 546 - Yisrael v. State · 910 So. 2d 867 - Gray v. State · 937 So. 2d 277 - Murray v. State

Decided 2007-12-05

¶1Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

¶3Prior report: 937 So.2d 277.

¶4PER CURIAM.

¶5We affirm appellant's convictions, finding record evidence contradicting defendant's claim of self defense. As to the sentence, relying on Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), rev. granted, 956 So.2d 458 (Fla.2007), we hold that the Department of Corrections record establishing the predicate offense for prison releasee reoffender sentencing was not inadmissible hearsay or in violation of the Confrontation Clause. As in Yisrael, we certify conflict with Gray v. State, 910 So.2d 867 (Fla. 1st DCA 2005).

¶6WARNER and FARMER JJ., and CONNER, BURTON C., Associate Judge, concur.

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