Graham v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2009
VINTON ALRICK GRAHAM,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D05-4893
[May 27, 2009]
ON REMAND FROM THE FLORIDA SUPREME COURT
WARNER, J.
After the supreme court granted review based upon our reliance on
Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006), disapproved in part,
993 So. 2d 952 (Fla. 2008), it granted the petition, quashing our decision
and remanding for reconsideration upon application of Yisrael. That
decision involved whether documents submitted by the Department of
Corrections to establish a prisoner’s release date from prison were
admissible as exceptions to the hearsay rule. In quashing the opinion of
this court, the supreme court noted that it did not have the full appellate
record a n d could not determine for itself whether the documents
submitted during Graham’s sentencing complied with Yisrael.
We have examined the record. The affidavit of the DOC official and
attached report, which the state introduced as evidence of Graham’s
prison release date, comply with Yisrael. We therefore affirm.1
HAZOURI and LEVINE, JJ., concur.
*
*
*
Although the supreme court addressed only the documentation issue, the
majority of our opinion dealt with issues regarding Graham’s conviction. We
interpret the supreme court’s opinion as quashing only the issue dealing with
the Yisrael issue, and we have not reconsidered any other part of our original
opinion.
1
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Krista Marx, Judge; L.T. Case No. 05002140 CFA02.
Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant
Public Defender, West Palm Beach, for appellant.
Bill McCollum, Attorney General, Tallahassee, a n d Jeanine M.
Germanowicz, Assistant Attorney General, West Palm Beach, for
appellee.
2
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