5D02-3629 Randal Prevatt v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-3629

Case Date: 01/19/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

RANDAL PREVATT, Appellant, v. Case No. 5D02-3629 STATE OF FLORIDA, Appellee. / Opinion filed January 23, 2004 Appeal from the Circuit Court for Orange County, Stan Strickland, Judge. James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, J. Randal Prevatt appeals his conviction for manslaughter.1 He contends that the trial court erred by (1) excluding an out-of-court statement by his co-defendant wherein the codefendant accepted sole responsibility for the victim's death; (2) failing to give a requested "independent act" jury instruction; and (3) admitting, over objection, autopsy photographs of the victim. While we find no merit in the issues raised on appeal, one issue merits discussion.

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