Johnson v. State, 534 So. 2d 1212 (Fla. 4th DCA 1988). · Go Syfert
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Johnson v. State, 534 So. 2d 1212 (Fla. 4th DCA 1988). Cases Citing This Book View Copy Cite
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Michael J. JOHNSON
v.
STATE of Florida
No. 87-1201.
District Court of Appeal of Florida, Fourth District.
Nov 30, 1988.
534 So. 2d 1212
1988 Fla. App. LEXIS 5269
1988 WL 125636
Bert Winkler of Mitchell, Hanser, Schwartz & Winkler, West Palm Beach, for appellant., Robert A. Butterworth, Atty. Gen., Tallahassee, and Mardi Levey Cohen, Asst. Atty. Gen., West Palm Beach, for appellee.
Anstead, Gunther, Hersey.
Published
PER CURIAM.

REVERSED. We agree with appellant that the trial court erred in admitting into evidence a tape made by police at the stabbing victim’s deathbed which recorded the anguished sounds of the victim in his last moments of life. See § 90.403, Fla.Stat. (1987); Young v. State, 234 So.2d 341 (Fla.1970). Although the issue is extremely close, we reject appellant’s claim that the trial court erred in denying his motion for judgment of acquittal based upon his defense of self-defense.

HERSEY, C.J., and ANSTEAD and GUNTHER, JJ., concur.