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BARR v. STATE

District Court of Appeal of Florida, Fifth District
Aug 30, 1995
659 So. 2d 370 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-28.

July 7, 1995. Rehearing Denied August 30, 1995.

Appeal from the Circuit Court, Brevard County, Harry Stein, J.

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.


Samuel William Barr appeals his convictions arising from his sexual abuse of his daughter. On review, we find that the trial court properly admitted the audiotape of a telephone conversation Barr held with his daughter because it was taped under the direction of a law enforcement officer as permitted by paragraph 934.03(2)(c), Florida Statutes (1993). We likewise find Barr had no reasonable expectation of privacy under article I, section 23 of the Florida Constitution. See Franco v. State, 376 So.2d 1168 (Fla. 3d DCA 1979), cert. denied, 386 So.2d 636 (Fla. 1980). Neither was it error to allow the jury to listen to the audiotaped conversation between Barr and his daughter during deliberations. See Baxter v. State, 375 So.2d 16 (Fla. 2d DCA 1979), cert. denied, 383 So.2d 1190 (Fla. 1980).

AFFIRMED.

COBB, J., concurs.

PETERSON, C.J., concurs without participation at oral argument.


Summaries of

BARR v. STATE

District Court of Appeal of Florida, Fifth District
Aug 30, 1995
659 So. 2d 370 (Fla. Dist. Ct. App. 1995)
Case details for

BARR v. STATE

Case Details

Full title:SAMUEL WILLIAM BARR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 30, 1995

Citations

659 So. 2d 370 (Fla. Dist. Ct. App. 1995)

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