Full Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ Case No. 6D2024-2509 Lower Tribunal No. 2022-CF-002140 _____________________________ GISELLE GUZMAN, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ Appeal from the Circuit Court for Collier County. Elizabeth V. Krier, Judge. October 23, 2026 PER CURIAM. AFFIRMED. See Martinez v. State, 761 So. 2d 1074, 1083 (Fla. 2000) (“[P]artial inaudibility or unintelligibility is not a ground for excluding a recording if the audible parts are relevant, authenticated, and otherwise properly admissible.” (quoting Odom v. State, 403 So. 2d 936, 940 (Fla. 1981))); Ham v. Dunmire, 891 So. 2d 492, 495 (Fla. 2004) (“It is well settled that determining sanctions for discovery violations is committed to the discretion of the trial court, and will not be disturbed upon appeal absent an abuse of the sound exercise of that discretion.”); Blackwood v. State, 777 So. 2d 399, 407 (Fla. 2000) (holding that an out-of-court statement only offered to show the effect that statement had on the listener was not hearsay); Merck v. State, 975 So. 2d 1054, 1061 (Fla. 2007) (“A trial court has discretion in controlling opening and closing statements, and its decisions will not be overturned absent an abuse of discretion.”); Salvatore v. State, 366 So. 2d 745, 750 (Fla. 1978) (holding that “a motion for declaration of a mistrial is addressed to the sound discretion of the trial judge” and should only be granted in cases of “absolute necessity”). TRAVER, C.J., and STARGEL and BROWNLEE, JJ., concur. Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Jonathan P. Hurley, Senior Assistant Attorney General, and Bradley A. Muhs, Assistant Attorney General, Tampa, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 2