HOLDER v. STATE, 988 So.2d 1099 (Fla.App. 2 Dist. 2008)

CHRISTOPHER HOLDER, Appellant, v. STATE OF FLORIDA, Appellee.

No. 2D07-690.District Court of Appeal of Florida, Second District.
April 18, 2008.

Appeal from the Circuit Court for Hillsborough County; J. Rogers Padgett, Judge.

James Marion Moorman, Public Defender, and Ama N. Appiah, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed. See Melbourne v. State, 679 So. 2d 759, 765 (Fla. 1996) (“Melbourne failed to preserve this issue for review because she did not renew her objection before the jury was sworn.”); Eubanks v. State, 609 So. 2d 107, 110 (Fla. 4th DCA 1992) (“The best evidence rule is applicable only to exclude evidence when the contents of a writing[, recording, or photograph] are at issue. . . . Moreover `[a] witness who has actually perceived and observed a fact is the most reliable source of information.'”).

DAVIS, KELLY, and LaROSE, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

jdjungle