4D07-78-Murray v. State*

State: Florida

Court: Florida Fourth District Court

Docket No: 4D07-78

Case Date: 12/05/2007

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2007

ROBERT WAYNE MURRAY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-78 [December 5, 2007] PER CURIAM. We affirm appellant's convictions, finding record evidence contradicting defendant's claim of self defense. As to the sentence, relying on Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), rev. granted, 956 So.2d 458 (Fla. 2007), we hold that the Department of Corrections record establishing the predicate offense for prison releasee reoffender sentencing was not inadmissible hearsay or in violation of the Confrontation Clause. As in Yisrael, we certify conflict with Gray v. State, 910 So.2d 867 (Fla. 1st DCA 2005). WARNER and FARMER JJ., and CONNER, BURTON C., Associate Judge, concur. * * *

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Krista Marx, Judge; L.T. Case No. 502005CF003112 AXXXMB. Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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