5D08-3921 Darius Polite v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-3921

Case Date: 07/12/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010

DARIUS JAMINE POLITE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 16, 2010 Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge. William R. Ponall and Warren W. Lindsey, of Kirkconnell, Lindsey, Snure and Yates, P.A., Winter Park, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D08-3921 CORRECTED OPINION

LAWSON, J. Darius Jamine Polite timely appeals his convictions by jury verdict for burglary of a dwelling with an assault or battery, robbery with a firearm, aggravated assault with a firearm and possession of a firearm by a convicted felon.1 Polite contends: (1) that the trial court improperly admitted the victim's written statement into evidence because the

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