excited utterance hearsay exception in Florida

2019See, e.g., Roop v. State, 228 So. 3d 633, 639-40 (Fla. 2d DCA 2017) (holding that the trial court did not abuse its discretion in determining that the excited utterance hearsay exception applied where the victim stated to a 911 operator that someone threw a metal pipe at his car and where there was no time to contrive or mispresent); Taylor v. State, 146 So. 3d 113, 115-16 (Fla. 5th DCA 2014) (holding that statements made “minutes” after an event by the ex-girlfriend whose armed ex-boyfriend, the appellant, walked in front of her car while she was driving, yelled insults, and threatened to kil

2019See, e.g., Roop v. State, 228 So. 3d 633, 639-40 (Fla. 2d DCA 2017) (holding that the trial court did not abuse its discretion in determining that the excited utterance hearsay exception applied where the victim stated to a 911 operator that someone threw a metal pipe at his car and where there was no time to contrive or mispresent); Taylor v. State, 146 So. 3d 113, 115-16 (Fla. 5th DCA 2014) (holding that statements made “minutes” after an event by the ex-girlfriend whose armed ex-boyfriend, the appellant, walked in front of her car while she was driving, yelled insults, and threatened to kil

2017Rather, we are saying that the trial court reached the right result for the right reason. -9- Puryear, 810 So. 2d at 904 (clarifying that the Power holding rested on the excited utterance hearsay exception).

2013See Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000) (“[Strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel’s decision was reasonable under the norms of professional conduct.”).

2008The essential elements of the excited utterance hearsay exception are "(1) there must be an event startling enough to cause nervous excitement; (2) the statement must have been made before there was time to contrive or misrepresent; and (3) the statement must be made while the person is under the stress of excitement caused by the event." State v. Jano, 524 So.2d 660, 661 (Fla.1988). "[T]here is no bright-line test for how much time can pass before a statement can no longer be considered an excited utterance." Strong v. State, 947 So.2d 552, 554 (Fla. 3d DCA 2006) (citing Jano, 524 So.2d at 66

2008The essential elements of the excited utterance hearsay exception are "(1) there must be an event startling enough to cause nervous excitement; (2) the statement must have been made before there was time to contrive or misrepresent; and (3) the statement must be made while the person is under the stress of excitement caused by the event." State v. Jano, 524 So.2d 660, 661 (Fla.1988). "[T]here is no bright-line test for how much time can pass before a statement can no longer be considered an excited utterance." Strong v. State, 947 So.2d 552, 554 (Fla. 3d DCA 2006) (citing Jano, 524 So.2d at 66

2008The essential elements of the excited utterance hearsay exception are "(1) there must be an event startling enough to cause nervous excitement; (2) the statement must have been made before there was time to contrive or misrepresent; and (3) the statement must be made while the person is under the stress of excitement caused by the event." State v. Jano, 524 So.2d 660, 661 (Fla.1988). "[T]here is no bright-line test for how much time can pass before a statement can no longer be considered an excited utterance." Strong v. State, 947 So.2d 552, 554 (Fla. 3d DCA 2006) (citing Jano, 524 So.2d at 66

2007See Hutchinson v. State, 882 So.2d 943, 951 (Fla.2004).

1994See § 90.803(2), Fla. Stat. (1991); Torres-Arboledo v. State, 524 So.2d 403, 408 (Fla.), cert. denied, 488 U.S. 901 , 109 S.Ct. 250 , 102 L.Ed.2d 239 (1988); Edmond v. State, 559 So.2d 85, 86 (Fla. 3d DCA), review denied, 570 So.2d 1304 (Fla. 1990).

1994See § 90.803(2), Fla. Stat. (1991); Torres-Arboledo v. State, 524 So.2d 403, 408 (Fla.), cert. denied, 488 U.S. 901 , 109 S.Ct. 250 , 102 L.Ed.2d 239 (1988); Edmond v. State, 559 So.2d 85, 86 (Fla. 3d DCA), review denied, 570 So.2d 1304 (Fla. 1990).