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HERNANDEZ v. STATE

No. 5D04-2467.

919 So.2d 707 (2006)

Luis HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 3, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

Luis Hernandez appeals his conviction of conspiracy to traffic in cannabis. Hernandez claims that the instructions to the jury were fundamentally flawed and that the trial court erred when it allowed the State to introduce an audio tape of a telephone conversation without proper authentication. 1 We conclude that the cumulative effect of the errors requires a new trial.

Hernandez...

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