5D02-3123 Kimbrough v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-3123

Case Date: 08/04/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

WILLIE HOMER KIMBROUGH, Appellant, v. Case No. 5D02-3123

STATE OF FLORIDA, Appellee. / Opinion Filed August 8, 2003

Appeal from the Circuit Court for Brevard County, Vincent G. Torpy, Jr., Judge. Joseph N. D'Achille, Jr., Titusville, for Appellant. Charles J. Crist, Jr., Attorney General, and Sean F. Callaghan Assistant Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. PLEUS, J. Kimbrough appeals an order granting the state's retardation involuntary admission petition. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(1)(A). Kimbrough argues that the lower court erred by admitting into evidence his behavioral records under the business records exception to the hearsay rule. The state contends that the records were properly admitted under the public records exception. Our review of the hearing transcript leads us to conclude that the records were not properly admitted under either

exception because the state's predicate failed to establish that the records were generated by a person who had personally observed or had personal knowledge of the events depicted in the records. See

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