Symonette v. State
100 So. 3d 180
Fla. Dist. Ct. App.2012Background
- Three masked armed individuals robbed a convenience store and shot the owner; victim died at scene.
- A bystander witnessed activity and identified an Impala seen leaving the area; later connected to suspects.
- Law enforcement traced the Impala to a residence; a mask was found nearby; sister suspected as getaway driver.
- Defendant, cousin, and a friend allegedly discussed robbing the store for weeks; they later rode together to the scene.
- Driver testified about texting the defendant; cell phone recovered, data photographed; state sought admission of text-message images.
- Jury found the defendant guilty on both counts; defense objected to authentication of the photos; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of text message photographs | State authenticated messages; relevant admissions showing defendant's statements. | Photos were inadmissible hearsay and lacked authentication that they were defendant's. | Admission was proper; messages authenticated and admissible; harmless error. |
Key Cases Cited
- Cooper v. State, 45 So.3d 490 (Fla. 4th DCA 2010) (reviews admissibility of evidence for abuse of discretion)
- Allen v. State, 492 So.2d 802 (Fla. 1st DCA 1986) (guides authentication evaluation where no fixed list exists)
- Jackson v. State, 979 So.2d 1153 (Fla. 5th DCA 2008) (admissibility of evidence by appearance, content, and context)
- Hall v. State, 92 So.3d 223 (Fla. 4th DCA 2012) (hearsay and admissibility considerations for statements by a party opponent)
- State v. DiGuilio, 491 So.2d 1129 (Fla.1986) (harmless error standard for trial-court evidentiary rulings)