Towbridge v. State, 898 So. 2d 1205

PER CURIAM.

Otis 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.

Affirmed.

Case Details

Case Name: Towbridge v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 13, 2005

Citations: 898 So. 2d 1205; 2005 WL 840463; 3D03-2603

Docket Number: 3D03-2603

Court Abbreviation: Fla. Dist. Ct. App.