Menna v. State

Full title: JORGE MENNA, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 21, 2001

No. 3D99-2631 (Fla. Dist. Ct. App. Mar. 21, 2001)

Opinion

No. 3D99-2631.

Opinion filed March 21, 2001.

An Appeal from the Circuit Court for Dade County, Ellen L. Leesfield, Judge. Lower Tribunal No. 97-20124.

Jeffrey S. Weiner, for appellant.

Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before Jorgenson and Green, JJ., and Nesbitt, Senior Judge.

PER CURIAM.

Affirmed. See Power v. State , 605 So.2d 856, 861 (Fla. 1992), cert. denied , 507 U.S. 1037, 113 S.Ct. 1863, 123 L.Ed.2d 483 (1993) (holding that ruling on a motion for mistrial is within the sound discretion of the trial court); State v. DiGuilio, 491 So.2d 1129 (Fla. 1986). See also Lopez v. State, 716 So.2d 301 (Fla. 3d DCA 1998) (holding that tape-recorded 911 call admissible as excited utterance exception to the hearsay rule).