Smith v. State

Full title: LEROY CHILDS SMITH, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 28, 2004

873 So. 2d 1255 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 5D03-2805.

Opinion filed May 28, 2004.

Appeal from the Circuit Court for Flagler County, Robert K. Rouse, Jr., Judge.

James B. Gibson, Public Defender, and A.S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.

No appearance for Appellee.

PER CURIAM.

Affirmed. See Taylor v. State, 855 So.2d 1 (Fla. 2003), cert. denied, ___ U.S. ___ (2004); State v. Taplis, 694 So.2d 214 (Fla. 5th DCA 1996), review dismissed, 703 So.2d 453 (Fla. 1997), both standing for the proposition that a party attempting to exclude otherwise relevant evidence on the basis of a gap in the chain of custody must show a likelihood or probability of tampering.

THOMPSON, MONACO, and TORPY, JJ., concur.