On May 11, 216 a
Motion,Ex Parte
was filed
involving a dispute between
and
Otero-Rivera, Christopher J,
for FELONY
in the District Court of Osceola County.
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Filing # 107510261 E-Filed 05/15/2020 12:49:36 AM
IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA
COUNTY, FLORIDA, CRIMINAL JUSTICE DIVISION
STATE OF FLORIDA, CASENO. 2019-CF-003738-A-OS
Plaintiff, 2018-CF-003532-A-OS
DIVISION 201
v.
CHRISTOPHER OTERO-RIVERA,
Defendant.
/
DEFENSE MOTION OPPOSING STATE’S NOTICE OF INTENT TO RELY ON
BUSINESS RECORD CERTIFICATION OF CELL PHONE RECORDS
COMES NOW the Defendant, CHRISTOPHER OTERO-RIVERA, by and through the
undersigned attorney, pursuant to Florida Statute 90.803(6)(c), hereby files this motion
opposing the State’s intent to rely on Business Record Certification of the Cellphone Records
and moves this Court to find the cellphone records inadmissible and excluding the use of such
records in trial. As grounds the defendant states:
1. The State filed Notice of Intent to Rely Upon Business Record Certification on
April 13, 2020 for documents described in Business Records reference Discovery
page 716.
2. The State filed a signed and certified Business Record Certification with attached T-
Mobile Records certified by Records Custodian Hector Esteves.
3. Pursuant to Florida Statute 90.803(6)(c), “a party intending to offer evidence under
paragraph (a) by means of a certification or declaration shall serve reasonable
written notice of that intention upon every other party and shall make the evidence
available for inspection sufficiently in advance of its offer in evidence “to provide
to any other party a fair opportunity to challenge the admissibility of the evidence.”
4. The defense opposes the State’s intent to rely on business record certification as the
defense opposes the admissibility of such records.
5. Pursuant to the rule, the admissibility of the records opposed by the defense must be
determined by this Court prior to trial.
WHEREFORE, the defendant, CHRISTOPHER OTERO-RIVERA, hereby request
this Court set this matter for hearing to determine the admissibility of cellphone records.MIGDALIA PEREZ, ESQ.,
Florida Bar No. 696307
La nese
KIMBERLY A. LaSURE, ESQ.,
Florida Bar No.: 883751
CERTIFICATE OF SERVICE
I CERTIFY that an original copy of this document has been E-Filed through E-File
Portal System to the Office of the State Attorney, rwilliams@sao5.org and
Jmemanus@sao5.org; and to Honorable Judge Jon B. Morgan, (via email to JA); on this 16"
day of May, 2020.
Vow duke New
MIGDALIA PEREZ, ESQ.,
Florida Bar No. 696307
517 Bryan Street
Kissimmee, FL 34741
407.530.4920 Office
407.540.9351 Fax
Attorney for Defendant
mperez@perezlasurelaw.com
KIMBERLY A. LaSURE, ESQ.,
Florida Bar No.: 883751
517 Bryan Street
Kissimmee, FL 34741
Telephone: 407-530-4920
Attorney for Defendant
klasure@perezlasurelaw.com
Document Filed Date
May 15, 2020
Case Filing Date
May 11, 216
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Filing # 107510261 E-Filed 05/15/2020 12:49:36 AM IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA, CRIMINAL JUSTICE DIVISION STATE OF FLORIDA, CASENO. 2019-CF-003738-A-OS Plaintiff, 2018-CF-003532-A-OS DIVISION 201 v. CHRISTOPHER OTERO-RIVERA, Defendant. / DEFENSE MOTION OPPOSING STATE’S NOTICE OF INTENT TO RELY ON BUSINESS RECORD CERTIFICATION OF CELL PHONE RECORDS COMES NOW the Defendant, CHRISTOPHER OTERO-RIVERA, by and through the undersigned attorney, pursuant to Florida Statute 90.803(6)(c), hereby files this motion opposing the State’s intent to rely on Business Record Certification of the Cellphone Records and moves this Court to find the cellphone records inadmissible and excluding the use of such records in trial. As grounds the defendant states: 1. The State filed Notice of Intent to Rely Upon Business Record Certification on April 13, 2020 for documents described in Business Records reference Discovery page 716. 2. The State filed a signed and certified Business Record Certification with attached T- Mobile Records certified by Records Custodian Hector Esteves. 3. Pursuant to Florida Statute 90.803(6)(c), “a party intending to offer evidence under paragraph (a) by means of a certification or declaration shall serve reasonable written notice of that intention upon every other party and shall make the evidence available for inspection sufficiently in advance of its offer in evidence “to provide to any other party a fair opportunity to challenge the admissibility of the evidence.” 4. The defense opposes the State’s intent to rely on business record certification as the defense opposes the admissibility of such records. 5. Pursuant to the rule, the admissibility of the records opposed by the defense must be determined by this Court prior to trial. WHEREFORE, the defendant, CHRISTOPHER OTERO-RIVERA, hereby request this Court set this matter for hearing to determine the admissibility of cellphone records.MIGDALIA PEREZ, ESQ., Florida Bar No. 696307 La nese KIMBERLY A. LaSURE, ESQ., Florida Bar No.: 883751 CERTIFICATE OF SERVICE I CERTIFY that an original copy of this document has been E-Filed through E-File Portal System to the Office of the State Attorney, rwilliams@sao5.org and Jmemanus@sao5.org; and to Honorable Judge Jon B. Morgan, (via email to JA); on this 16" day of May, 2020. Vow duke New MIGDALIA PEREZ, ESQ., Florida Bar No. 696307 517 Bryan Street Kissimmee, FL 34741 407.530.4920 Office 407.540.9351 Fax Attorney for Defendant mperez@perezlasurelaw.com KIMBERLY A. LaSURE, ESQ., Florida Bar No.: 883751 517 Bryan Street Kissimmee, FL 34741 Telephone: 407-530-4920 Attorney for Defendant klasure@perezlasurelaw.com