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51 So. 3d 576

Young v. State

District Court of Appeal of Florida

Decided December 23, 2010

District Court of Appeal of Florida · decided 2010-12-23

Relies on 246 So. 2d 771 - Richardson v. State

Decided 2010-12-23

JACOBUS, J.,

¶1concurring specially.

¶2It is troubling to this judge that the surveillance tape was not originally secured by the investigating officer. It would be apparent to anyone that the tape would be a critical piece of evidence and a copy, at the minimum, should have been secured. It is also troubling that the officer was permitted to discuss the contents of the tape before the jury since that testimony was clearly inadmissible hearsay. Once the existence of the tape was discovered by Young’s counsel, it would seem that Young would be entitled to a Richardson2 hearing, even though, as the State claims, the tape was never offered into evidence and was never in its possession.

¶3. Richardson v. State, 246 So.2d 771 (Fla.1971).

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