SETH TAYLOR
v.
STATE OF FLORIDA
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When a contempt conviction rests on identifying who made a particular statement, appellate review of the official recording may reveal that competent substantial evidence does not support the trial court's finding of fact, requiring reversal even where the trial judge credibly believed he heard the defendant make the statement.
[1] An appellate court may independently review the audio recording of an interview to assess whether competent, substantial evidence supports the trial court's findings.
[2] When a trial court's ruling is based on a videotape or audiotape, the trial court has no special vantage point, and an appellate court may conduct an independent review o…
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Join FLexlaw to unlock all legal intelligence“We do not doubt for an instant that the trial judge heard what he maintains he heard. But we have read the official transcript and have repeatedly listened to the official recording of the shelter hearing, and competent substantial evidence does not support a finding that it was Taylor who said it.”
Court explaining the basis for reversal despite the trial judge's credible perception of hearing the statement
Seth Taylor was charged with criminal contempt following a shelter hearing. The trial judge found that Taylor made a contemptuous statement that he he…
The full statement of facts, procedural history, and disposition for this case are member content.
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Appeal from the Circuit Court for Pinellas County; James Pierce, Acting Circuit Judge.
Terry P. Roberts of Law Office of Terry P. Roberts, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee.
ROTHSTEIN-YOUAKIM, Judge.
Seth Taylor appeals from the trial court's judgment of criminal contempt.
We do not doubt for an instant that the trial judge heard what he maintains he heard.
But we have read the official transcript and have repeatedly listened to the official recording of the shelter hearing, and competent substantial evidence does not support a finding that it was Taylor who said it. See Almeida v. State, 737 So. 2d 520, 524 n.9 (Fla. 1999) (conducting an independent review of the transcript and tape of a custodial interrogation, concluding that the audiotape "belied" one of the trial court's factual findings, and recognizing that insofar as a ruling is based on a videotape or audiotape, the trial court "has no special vantage point"); State v. Thompson, 193 So. 3d 916, 919 (Fla. 2d DCA 2016) ("An appellate court may independently review the audio recording of an interview to assess whether competent, substantial evidence supports the trial court's findings." (citing Cuervo v. State, 967 So. 2d 155, 160 (Fla. 2007))).
Accordingly, the judgment is reversed.
BLACK and SALARIO, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Almeida v. State, 737 So. 2d 520 (Fla. 1999)
- Cuervo v. State, 967 So. 2d 155 (Fla. 2007)
- State v. Quanyisha Thompson, 193 So. 3d 916 (Fla. 2d DCA 2016)