District Court of Appeal of Florida April 21, 2010, 4D08-2269 (Arrieta-Rolon v. State)

GERBER, J.

Juan Arrieta-Rolon (the “defendant”) appeals his conviction for first-degree murder. He argues that the trial court erred by admitting into evidence, as excited utterances, hearsay statements which a witness gave to a police officer at the scene. We agree with the defendant that the statements were not excited utterances.