07-4406 PATRICK D. WHITE v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-4406

Case Date: 07/17/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PATRICK D. WHITE, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 17, 2008. An appeal from the circuit court for Alachua County. Stan R. Morris, Judge. Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-4406

PER CURIAM. AFFIRMED. See Proffitt v. State, 315 So. 2d 461, 465 (Fla. 1975) (a communication is not privileged if it is made in circumstances where the person invoking the privilege either knew or should have known at the time of the communication that it was being overheard by a third party); Black v. State, 920 So.

2d 668, 670 (Fla. 5th DCA 2006) (same, citing Proffitt). WEBSTER, VAN NORTWICK, and THOMAS, JJ., CONCUR.

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