Thomas v. State, ___ So. 3d ___, 38 Fla. L. Weekly D1069 (Fla. 4th DCA May 15, 2013)
In order to qualify as an excited utterance under Section 90.803(2), Florida Statutes, three requirements must be satisfied: “(1) there must have been an event startling enough to cause nervous excitement; (2) the statement must have been made before there was time to contrive or misrepresent; and (3) the statement must have been made while the person was under the stress of excitement caused by the startling event.” In this case, “the witness testified that she heard a loud noise coming from the patio late at night. She rushed outside to find a stranger fighting with the victim and she joined the struggle. During the altercation, the victim exclaimed, ‘He has a knife, he has a knife.’ This testimony established that all three requirements were met, since a home invasion constitutes a startling even, the statement was made at the time the struggle was in progress, and the person who made the statement was being attacked by a stranger holding a knife.” As a result, the trial court did not abuse its discretion by allowing the witness to repeat the victim’s statement that the defendant had a knife.