ABDELILAH JABRI vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: June 3, 2022
• Docket: 21-2317
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ABDELILAH JABRI,

Appellant,

v. Case No. 5D21-2317 LT Case No. 2019-CF-4120

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed June 3, 2022

Appeal from the Circuit Court for Osceola County, Keith A. Carsten, Judge.

Matthew J. Metz, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. AFFIRMED. See Mullens v. State, 197 So. 3d 16, 25 (Fla. 2016) (“We

have indicated that authentication for the purpose of admission is a relatively

low threshold that only requires a prima facie showing that the proffered

evidence is authentic; the ultimate determination of the authenticity of the

evidence is a question for the fact-finder.” (citing Gosciminski v. State, 132

So. 3d 678, 700 (Fla. 2013))); Knight v. State, 20 So. 3d 451, 452 (Fla. 5th

DCA 2009) (providing that “[t]here is no definitive list of requirements that

must be met to authenticate an audio tape” and holding that when “[t]he victim

testified that she was a participant in the [recorded] conversation, that she

had listened to the tape before trial, that the voices on the tape were

Appellant’s and hers and that the tape fairly and accurately memorialized the

conversation . . . [n]o further predicate [for the authentication of the recording]

was necessary”).

LAMBERT, C.J., EISNAUGLE and HARRIS, JJ., concur.