ATKINS v. STATE

No. 4D04-4379.

930 So.2d 678 (2006)

Kenneth ATKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 10, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Michael Antinori, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Kenneth Atkins appeals his conviction for sexual battery and claims that the court erred in admitting a taped telephone conversation between the victim and her friend, as admission of the conversation violated the wiretap statute, sections 934.03-934.09, Florida Statutes. Because the conversation was not taped for the purpose of obtaining evidence of a criminal act, it was improperly admitted. We reverse.

Atkins was charged with sexual battery by...

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