Florida District Courts of Appeal, 2004

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided May 28, 2004 · Monaco, Thompson, Torpy
873 So. 2d 1255; 2004 Fla. App. LEXIS 7530; 2004 WL 1175270 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Taylor v. State, 855 So.2d 1 (Fla. 2003), cert. denied, — U.S. ——, 124 S.Ct. 1605, 158 L.Ed.2d 248 (2004); State v. Taplis, 684 So.2d 214 (Fla. 5th DCA 1996), review dismissed, 703 So.2d 453 (Fla. 1997), both standing for the proposition that a party attempting to exclude otherwise relevant evidence on the basis of a gap in the chain of custody must show a likelihood or probability of tampering.

THOMPSON, MONACO, and TORPY, JJ., concur.

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