Smith v. State

After trial, David Smith, II was convicted of first-degree murder. On appeal, Smith argues that the trial court erred by admitting a recorded telephone conversation in violation of the Florida wiretap statute. See Ch. 934, Fla. Stat. (2016). We conclude that the evidence was improperly admitted, but it constituted harmless error beyond a reasonable doubt.1 As a result, we affirm the conviction and sentence.

I. BACKGROUND INFORMATION

The State charged Smith with the first-degree murder of a twenty-month-old child who was in his care on the afternoon that she died.

During trial, the State sought…