Smith v. State

JOANOS, Judge.

Appellant raises two points on appeal: (1) Whether the trial court erred in refusing to suppress testimony by an undercover police officer who illegally taped the conversation he had with the defendant in the defendant’s home, and (2) Whether the trial court’s denial of defendant’s motion for reduction of sentence was an abuse of discretion. We affirm on both points.

Although the warrantless electronic surveillance of the defendant’s conversations was in violation of both Article I, § 12 of the Florida Constitution and § 934.06, Florida Statutes, this case does not involve the…