SHAYNE v. STATE

No. 79-736.

384 So.2d 711 (1980)

Gilbert Howard SHAYNE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 2, 1980.


Attorney(s) appearing for the Case

Mark King Leban, Dresnick & Freeman, Miami, for appellant.

Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before SCHWARTZ and DANIEL PEARSON, JJ. and PEARSON, TILLMAN (Ret.), Associate Judge.


SCHWARTZ, Judge.

The defendant-appellant was found guilty after a nolo plea to several charges which were ultimately based on two recorded telephone conversations of January 12 and 13, 1978, in which he engaged in illegal bookmaking. Since these conversations were recorded with the consent of the other party, one Alpert, and under police direction and supervision, there is no question that the "bugging" was entirely permissible under Section 934.03(2)(c), Florida...

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