Campos v. State, 84-2634

Decision Date17 June 1986
Docket NumberNo. 84-2634,84-2634
Citation489 So.2d 1238,11 Fla. L. Weekly 1358
Parties11 Fla. L. Weekly 1358 Manuel CAMPOS, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Manuel Campos, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

Campos has filed a statement in this appeal contending that the trial court erred in excluding from evidence the discovery deposition of an unavailable witness. We affirm. While the discovery deposition, taken pursuant to Florida Rule of Criminal Procedure 3.220(d), may have qualified as a hearsay exception under section 90.804(2)(a), Florida Statutes (1983), it was still inadmissible as substantive evidence absent compliance with Florida Rule of Criminal Procedure 3.190(j). State v. James, 402 So.2d 1169 (Fla.1981); Barnett v. State, 444 So.2d 967 (Fla. 1st DCA 1983); Terrell v. State, 407 So.2d 1039 (Fla. 1st DCA 1981). The public defender's motion to withdraw is granted.

Affirmed.

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11 cases
  • Rodriguez v. State
    • United States
    • Florida Supreme Court
    • October 8, 1992
    ...of Criminal Procedure 3.190(j) that the deposition may be used at trial. We hold that it is not. Accord State v. James; Campos v. State, 489 So.2d 1238 (Fla. 3d DCA1986) (discovery deposition that qualifies as a hearsay exception under section 90.804(2)(a) is not admissible as substantive e......
  • State v. Skolar
    • United States
    • Florida District Court of Appeals
    • May 2, 1997
    ...criminal trial); Clark v. State, 572 So.2d 929 (Fla. 5th DCA 1990), quashed on different grounds, 614 So.2d 453 (1993); Campos v. State, 489 So.2d 1238 (Fla. 3d DCA 1986); Barnett v. State, 444 So.2d 967 (Fla. 1st DCA 1983); Terrell v. State, 407 So.2d 1039 (Fla. 1st DCA 1981). Although the......
  • Clark v. State, s. 89-1503
    • United States
    • Florida District Court of Appeals
    • November 15, 1990
    ...Rule of Criminal Procedure 3.190(j) to perpetuate testimony are admissible in criminal trials as substantive evidence. Campos v. State, 489 So.2d 1238 (Fla. 3d DCA 1986); Jackson v. State, 453 So.2d 456 (Fla. 4th DCA 1984); Terrell v. State, 407 So.2d 1039 (Fla. 1st DCA 1981); Robidoux v. S......
  • Gaines v. Florida Parole Commission
    • United States
    • Florida District Court of Appeals
    • August 14, 2007
    ... ... that he would be returned to prison, and that after he was mistakenly released, he fled the state to avoid being returned to prison. Based on these findings, the hearing team recommended that ... ...
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