08-6153 JEFFERY CLAY, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-6153

Case Date: 04/07/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JEFFERY CLAY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed April 7, 2010.

CASE NO. 1D08-6153

An appeal from the Circuit Court for Duval County. Mark H. Mahon, Judge. Nancy A. Daniels, Public Defender and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General and Carolyn M. Snurkowski, Assistant Deputy Attorney General, Tallahassee, for Appellee.

PER CURIAM. AFFIRMED. Thompson v. State, 731 So. 2d 819 (Fla. 5th DCA 1999), rev. denied, 773 So. 2d 58 (Fla. 2000) (table); see also State v. McCormick, 719 So. 2d 1220, 1222 (Fla. 5th DCA 1998) (distinguishing State v. Mozo, 655 So. 2d 1115

(Fla. 1995), and holding that "the `interception' of a cellular call occurs both at the location of the tapped telephone and at the site where law enforcement authorities hear and record the call"), rev. denied sub nom, Mitchell v. State, 732 So. 2d 327 (Fla. 1999) (table). HAWKES, C.J., WETHERELL and ROWE, JJ., CONCUR.

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