00-2082 K.E.A. V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 00-2082 K.E.A. V. STATE

Case Date: 12/05/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 K.E.A., a juvenile, Appellant, vs. THE STATE OF FLORIDA, Appellee. ** ** ** ** ** CASE NO. 3D00-2082 LOWER TRIBUNAL NO. J00-566

Opinion filed December 5, 2001 An appeal from the Circuit Court for Dade County, William Johnson, Judge. Bennett H. Brummer, Public Defender and Lisa Walsh, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee. Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge. NESBITT, Senior Judge. K.E.A. challenges his adjudication of delinquency for the offense of disorderly conduct. He maintains that the evidence in this case was insufficient to support the adjudication. We agree. When a witness testifies that he or she has no present recollection or memory of a fact, counsel may show the witness a

writing or other object in an attempt to refresh the witness' recollection. If, after seeing the document or object, the

witness' memory is jogged so that the witness has a present recollection of the fact, the witness may testify to the fact from his or her present memory. However, if the witness does not have

a present recollection of the fact, the witness may not testify to the fact. It is the witness' testimony as to the substance of his recollection which constitutes the evidence, when a writing revives present recollection. See Charles W. Ehrhardt, Florida Evidence

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