IN THE CIRCUIT COURT OF
THE TENTH JUDICIAL CIRCUIT
FOR HARDEE, HIGHLANDS, AND

POLK COUNTY, FLORIDA

APPEAL NO.: CC-43

COUNTY CASE NO.: MM00-00068A-BA

SHEDRICK WILLIAMS,

Appellant,

vs.

STATE OF FLORIDA,

Appellee.

__________________________

ORDER OF THE COURT

This is an appeal from the county court of Polk County, Judge Ellen Masters presiding. Appellant, Shedrick Williams, by and through appellate counsel, argues that the trial court erred in the admission of certain evidence. This court has jurisdiction. Fla. R. App. P. 9.030(c). The ruling of the county court is affirmed.

At trial, the state introduced a 911 tape of the victim in this case. Defense counsel objected, arguing that the state Ahasn=t laid a proper predicate that it=s a tape that has accurately been recorded for purposes as entering as a business record . . .@ (R41) In response, the state pointed out that the witness on the stand was the person who actually made the call, and had testified that the tape accurately reflected the conversation he had with the 911 operator. Defense stated Athen my argument would be what=s the relevance. It=s going to be unfairly prejudicial and outweigh probative value . . .@. (R42) The trial judge allowed the tape to be played finding that although redundant, it was not prejudicial.

It is within the province of the trial court to rule on admissibility of evidence and those rulings are subject to the abuse of discretion standard. Blanco v. State, 452 So.2d 520 (Fla. 1984), cert denied, 469 U.S. 1181 (1985). The trial courts ruling in the area of authentication would be sustained unless the ruling is clearly erroneous. State v. Wells, 538 So.2d 1292 (Fla. 2d DCA 1989).

On appeal, the appellant contends that the trial court erred because the trial court allowed the state to play the audiotape Aover defense objection as to authenticity.@ (Appellants Initial Brief 6) Appellant cites Florida Statute 90.803(6) in support of his argument. Florida Statute 90.803(6) recognizes an exception to the hearsay rule for business records if a proper predicate is laid to establish that the proposed record was made within the course of business. The appellant argues on appeal that there was a lack of predicate because the State failed to call any witnesses from the emergency service or custodian of records to show that the tape was a proper business record. However, as correctly pointed out by the appellee, trial counsel for the defense based his objection to the admission of the tape not on hearsay, but on the tapes authenticity and accuracy. (R41-42) Authentication is necessary to establish that "the matter in question is what its proponent claims." ' 90.901, Fla.Stat. (2001). Pursuant to ' 90.901, Florida Statutes, evidence may be authenticated by a witness who has personal knowledge of facts sufficient to authenticate the evidence. Daniels v. State, 634 So.2d 187 (Fla. 3d DCA 1994); State v. Wells, 538 So.2d 1292 (Fla. 2d DCA 1989). Since the witness who was a participant in the conversation had testified that the tape accurately reflected the conversation he had, it was sufficient to establish that the tapes were what the state claimed them to be.

Accordingly, the order of the county court is AFFIRMED.

ORDERED this day of December 2001.

Charles B. Curry, Chief Judge