JOHN MACHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fourth District Court of Appeal affirmed Macht's conviction and sentence, addressing whether a trial court erred in allowing the jury to view a transcript of an admitted tape recording during trial. The court held that an accurate transcript may be used as an aid to understanding an admitted tape recording if properly authenticated and not admitted into evidence or taken to the jury room.
The court held that a trial court may allow a jury to view an accurate transcript of an admitted tape recording as an aid in understanding the tape, provided that: (1) the transcript is properly authenticated by someone with personal knowledge of the tape's accuracy; (2) the unadmitted transcript does not go back to the jury room; and (3) the transcript does not become a focal point of the trial. Testimony from the officer who made the recording that the transcript accurately described the conversation satisfied the authentication requirement.
[1] A jury may be permitted to view an accurate transcript of an admitted tape recording as an aid in understanding the recording, provided the transcript does not become a f…
[2] Testimony of the individual who prepared a transcript is not required for its authentication if another witness with personal knowledge verifies its accuracy.
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Join FLexlaw to unlock all legal intelligence“Hill v. State, 549 So.2d 179, 182 (Fla.1989), supersedes the relevant language in Stanley and authorizes a jury to view an accurate transcript of an admitted tape recording as an aid in understanding the tape so long as the unadmitted transcript does not go back to the jury room or become a focal point of the trial.”
Establishes the governing legal standard for use of transcripts as trial aids to assist jury understanding of admitted tape recordings.
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Join FLexlaw to unlock all legal intelligenceAn arresting officer made a tape recording of a conversation with Macht commencing when the officer pulled over Macht's car. At trial, the tape record…
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PER CURIAM.
We affirm appellant’s conviction and sentence.
The specific error claimed here is that the trial court allowed the jury to view a transcript — which was not “properly authenticated” — of a tape recording introduced into evidence. Although this issue was not raised at trial, we wish to address it because other courts continue to cite our decision in Stanley v. State, 451 So. 2d 897 (Fla. 4th DCA 1984), for the proposition that trial courts should not allow the use of transcripts of tapes when the tapes have been introduced into evidence.
We believe Hill v. State, 549 So. 2d 179, 182 (Fla.1989), supersedes the relevant language in Stanley and authorizes a jury to view an accurate transcript of an admitted tape recording as an aid in understanding the tape so long as the unadmitted transcript does not go back to the jury room or become a focal point of the trial.
Here, the arresting officer, who made the admitted tape, testified that the transcript accurately described his conversation with appellant which the officer had recorded commencing with the time he pulled over appellant’s car. Appellant’s contention that “proper authentication” requires the testimony of the individual who actually prepared the transcript or of an expert to testify that the transcript was accurate is not persuasive in light of the officer’s testimony.1
Further, the trial court permitted the jury to read along on the transcript while the tape played, but advised the jury, “This transcript is not admitted and won’t be admitted into evidence. The evidence is what’s on the tape recording. If there’s a conflict between what the transcript says and what you hear the tape says[,] the evidence is the tape, not the transcript and if you’re — if you hear a conflict[,] what’s on the tape is what the evidence is. So we’ll pass [the transcript] out and after the tape is played we’ll collect these and these will not be in evidence and will not go back into the jury room with you.” The transcripts were collected immediately after the playing of the tape, which occupied only three pages of the trial transcript on record.
GLICKSTEIN and STEVENSON, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur. . In Grimes v. State, 244 So. 2d 130, 134 — 35 (Fla.1971), the trial court permitted an unadmit-ted transcript of a tape recorded statement to be published to the jury after the officer who took the statement testified that he had reviewed the recording and that the transcript accurately reproduced the contents of the recording. The supreme court explained that the transcript had been properly authenticated by the officer’s testimony. "[The officer] was present when the recorded statement was taken and, in fact, took the recorded statement. In other words, the transcription was properly authenticated by the person who took the statement and who verified that the transcript was the same evidence as the recording.” Id. at 135. This language of the supreme court suggests that the testimony of the transcriber himself is not essential. Rather, the testimony of one who verified the transcript's accuracy sufficed. Although Grimes differs from the present case in that apparently the tape recording was not admitted into evidence in Grimes, this difference does not change the analysis of the method by which an unadmitted transcript must be authenticated before its use as an aid in understanding a tape recording as it is played for the jury. See also Harris v. State, 619 So. 2d 340, 343 (Fla. 1st DCA 1993) (authentication satisfied by one with personal knowledge of contents of tape recording).
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Martinez v. State, 761 So. 2d 1074 (Fla. 2000)…a that the jury may “view an accurate transcript of an admit [*1084] ted tape recording as an aid in understanding the tape so long as the unadmitted transcript does not go back to the jury room or become a focal point of the trial.” Macht v. State, 642 So. 2d 1137, 1138 (Fla. 4th DCA 1994). In Hill v. State, 549 So. 2d 179, 182 (Fla.1989), we found no error where the jury utilized a transcript. In Hill, the defendant did not claim that the transcript was inaccurate, the jury did not carry the transcript into…
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Commerford v. State, 728 So. 2d 796 (Fla. 4th DCA 1999)…allowing the jury to refer to the transcript of the tape while listening to same. The victim authenticated the tape by testifying it was a fair and accurate representation of the conversation she had with Commerford on that day. See Macht v. State, 642 So. 2d 1137, 1138 (Fla. 4th DCA 1994)(holding a jury may view an accurate transcript of an admitted tape recording as an aid in understanding the tape so long as the transcript does not go back to the jury room or become a focal point of the trial) (citation om…
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Lealzo "Zodie" Howard and Eugene Howard v. State, 738 So. 2d 372 (Fla. 5th DCA 1999)…s and her direct experience using the slang as an undercover police officer. The jury was instructed that it may believe, or disbelieve, any or all of an expert’s testimony. It was not error to permit the jury to see the transcripts. Macht v. State, 642 So. 2d 1137, 1138 (Fla. 4th DCA 1994); see also United States v. Plunk, 153 F. 3d 1011 (9th Cir.1998); United States v. Griffith, 118 F. 3d 318, 321 (5th Cir.1997); United States v. Carrazana, 921 F. 2d 1557, 1567 (11th Cir.), cert. denied, 502 U.S. 865, 112 S.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hill v. State, 549 So. 2d 179 (Fla. 1989)
- Grimes v. State, 244 So. 2d 130 (Fla. 1971)
- Harris v. State, 619 So. 2d 340 (Fla. 1st DCA 1993)
- Stanley v. State, 451 So. 2d 897 (Fla. 4th DCA 1984)