Johnson v. State, 534 So. 2d 1212 (Fla. Dist. Ct. App. 1988).
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Johnson v. State, 534 So. 2d 1212 (Fla. Dist. Ct. App. 1988). Book View Copy Cite
Michael J. JOHNSON
v.
STATE of Florida
No. 87-1201.
District Court of Appeal of Florida.
Nov 30, 1988.
534 So. 2d 1212
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.