
    Lorenzo Fotel SMITH, Appellant, v. STATE of Florida, Appellee.
    No. 98-3228.
    District Court of Appeal of Florida, Fifth District.
    Nov. 19, 1999.
    James B. Gibson, Public Defender, and Janet Brook Goodrich, Assistant Public Defender, Daytona Beach, for Appellant.
    Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

Lorenzo Smith appeals his conviction on the charge of second-degree murder, arguing that the trial court’s admission of the victim’s dying declaration violated his constitutional rights to confront his accuser and to receive due process of law. This argument is completely devoid of merit. See Conner v. State, 24 F.L.W. S428, - So.2d -, 1999 WL 731664 (Fla.1999); see also Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980).

JUDGMENT and SENTENCE AFFIRMED.

ANTOON, C.J., HARRIS and GRIFFIN, JJ., concur. 
      
      . § 782.04(2), Fla. Stat. (1997).
     
      
      . Art. I, § 16(a), Fla. Const.
     
      
      .Art. I, § 9, Fla. Const.
     