Hentz v. State

On Motion for Rehearing.

POLEN, J.

We deny the State’s motion for rehearing, but withdraw our slip opinion, dated March 16, 2011, and issue the following to correct a factual misstatement in our slip opinion. This correction has no bearing on our analysis or the result reached.

Appellant, Richard Hentz, appeals the trial court’s order adjudicating him guilty of battery and sentencing him to 365 days imprisonment. Specifically, Hentz argues the trial court erred in denying his motion to suppress evidence because his phone conversation was tape recorded in violation of Florida’s wiretap statute.…