Moore v. State

STARNES, HUGH E., Associate Judge.

Defendant appeals a denial of his motion to suppress video tape evidence based upon the lack of evidence of consent of the parties to the communication being recorded. No evidence of consent was offered by the State at the suppression hearing. We affirm on this point because even if consent were required (the-state alleged it did not apply because one of the parties was a police officer), there was testimony at trial that consent of one of the parties was obtained.

We must vacate the sentence, however, and remand for resentencing because the sentencing judge…