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COWAN v. STATE

No. 4D07-1065.

3 So.3d 446 (2009)

Johnny COWAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 11, 2009.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tom Wm. Odom, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, J.

Defendant and a companion were arrested for burglary, handcuffed and left unattended in the rear seat of a police car. No one else was present, but a video monitor recorded them.

At trial the prosecution sought to admit excerpts of the recording. The state attorney contended that the companion could be understood as saying to defendant: "Damn, you think they caught us for the home invasion, home burglary?" and "Hey, we did not leave anything in...

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