Ariel Washington v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 16, 2020
Docket3D19-1857
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed September 16, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1857
Lower Tribunal No. 18-8697A
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Ariel Washington,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein,
Judge.
Carlos J. Martinez, Public Defender, and James A. Odell, Assistant Public
Defender, for appellant.
Ashley Moody, Attorney General, and Brian H. Zack, Assistant Attorney
General, for appellee.
Before LINDSEY, GORDO, and LOBREE, JJ.
PER CURIAM.
Ariel Washington appeals her conviction and sentence for one count of grand
theft arising from an incident at a retail store in a mall. Finding no reversible error,
we affirm. See Jackson v. Household Fin. Corp. III, 45 Fla. L. Weekly S205, S206
(Fla. July 2, 2020) (“A qualified witness, therefore, is anyone with personal
knowledge of the organization’s regular business practices relating to creating and
retaining the record(s) at issue. This knowledge will necessarily come from the
witness’s training or experience, or, most likely, a combination of both.” (internal
citation omitted)); F.T. v. State, 146 So. 3d 1270, 1273 n.5 (Fla. 3d DCA 2014)
(noting that no “foundation must be laid before a witness is permitted to testify to
his or her contemporaneous observation of the contents of the price tag affixed to
the stolen item of retail merchandise”); Johnson v. State, 117 So. 3d 1238, 1243 (Fla.
3d DCA 2013) (“Dr. Silla’s report was prepared at a hospital, not at a law
enforcement lab. Moreover, while arguably made for the principal purpose of
assisting law enforcement and for a criminal trial, and the report is testimonial in
nature, any testimonial aspect of Dr. Silla’s report only relates to the collection of
the specimen from the victim. The report makes no statement, conclusion, or
accusation about or against the defendant.”).
Affirmed.
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