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831 So. 2d 722

Jackson v. State

District Court of Appeal of Florida

Decided November 6, 2002

District Court of Appeal of Florida · decided 2002-11-06

Cited by 1 later decisions — most recently July 2004

1 state decisions

Key passage — most relied on by later courts

“to determine if [the] evidence would have been admitted if the proper objection had been made.”

quoted by 1 later decision, including Jackson v. State

Relies on Strickland v. Washington · 738 So. 2d 382 - Jackson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-11-06

View the full empirical analysis of this case →

KLEIN, J.

¶1Appellant filed a rule 3.850 motion, asserting that his trial counsel was ineffective for failing to properly object to BellSouth telephone records which were significant to the state’s proof. This court affirmed appellant’s conviction, holding that appellant’s counsel’s “lack of foundation” objection was insufficiently specific to support the argument raised on appellant’s appeal, which was that the witness who testified as to BellSouth’s business records was not the proper person to do so.

¶2In our opinion affirming appellant’s conviction, Jackson v. State, 738 So.2d 382 (Fla. 4th DCA 1999), we pointed out that if the proper objection had been raised by defense counsel, the state might have been able to correct the deficiency by asking additional questions of the witness or calling another witness.

¶3The trial court denied appellant’s rule 3.850 motion without a hearing based on the arguments contained in the state’s response, one of which was that if the proper objection had been raised, the state could have cured the problem. Appellant would *723therefore not have been prejudiced under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

¶4Although the state may have a good point, an evidentiary hearing is necessary to determine if this evidence would have been admitted if the proper objection had been made. We therefore reverse for an evidentiary hearing on that issue.

HAZOURI and MAY, JJ., concur.
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