ABDELILAH JABRI
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-06-03
No. 21-2317
Florida District Court of Appeal, Fifth District (2022)

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Holding

Authentication of evidence requires only a prima facie showing that the evidence is authentic; the ultimate determination is a question for the fact-finder.


Headnotes

[1] Authentication of evidence for admission requires only a prima facie showing of authenticity, with the ultimate determination of authenticity reserved for the fact-finder…

[2] When a victim testifies that she participated in a recorded conversation, has reviewed the tape before trial, identifies the voices as those of the parties, and confirms…

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Key Quotes

“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”

Mullens v. State, 197 So. 3d 16, 25 (Fla. 2016), cited to establish the standard for authentication

Facts & Procedural History

Appellant was convicted in a trial where a recorded conversation between the appellant and the victim was admitted as evidence. The victim testified t…

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Opinion of the Court

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.


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