Polite v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of burglary of a dwelling with an assault or battery, robbery with a firearm, and related offenses. Defendant appealed, challenging the admission of a witness's written statement as past recollection. Specifically, Defendant contended that a basic requirement for admission was not met because the witness did not testify to the accuracy or truthfulness of the statement. The court of appeal affirmed Defendant's convictions and sentences, holding that, under the circumstances, there was sufficient evidence to lay a foundation for admission of the witness's statement under Fla. Stat. 90.803(5) even though the witness did not confirm the accuracy of the statement at trial. The Supreme Court quashed the decision of the court of appeal, holding (1) pursuant to section 90.803(5), one of the requirements for admission of past recollection recorded hearsay is that the witness who made the statement vouch for the accuracy of the record or memorandum when the evidence is offered; and (2) in this case, a proper foundation for admission of the witness's statement of past recollection recorded was not established. Remanded.
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