GUILDER v. STATE

No. 4D01-3035.

899 So.2d 412 (2005)

Albert GUILDER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 29, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

This appeal arises from a rather bizarre set of circumstances resulting in the Appellant, Albert Guilder, being charged with unlawfully intercepting and/or endeavoring to intercept an oral communication in violation of section 934.03, Florida Statutes (1999). Contrary to Guilder's position, we find that recording a face-to-face conversation in which the defendant is a participant, without prior consent of the other person, does constitute an interception...

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