GARCIA V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, 2004 REINARDO GARCIA, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D03-1746 ** LOWER TRIBUNAL NO. 02-560 ** Opinion filed April 21, 2004. An Appeal from the Circuit Court for Monroe County, Wayne Miller, Judge. Richard Docobo, for appellant. Charles J. Crist, Jr., Attorney General, and Annette M. Lizardo, Assistant Attorney General, for appellee. Before GERSTEN, GODERICH and FLETCHER, JJ. PER CURIAM. The defendant, Reinardo Garcia, appeals from his convictions and sentences for sale of cocaine and trafficking in cocaine arguing that the trial court abused its discretion by admitting into evidence the cocaine seized from both transactions without requiring the State to establish a complete chain of custody. We affirm based on our finding that the State was not required to establish a complete chain of custody where the record does not demonstrate that there was a probability of tampering with the evidence. Davis v. State, 788 So. 2d 308, 310 (Fla. 5th DCA 2001); Creme v. State, 752 So. 2d 1238 (Fla. 3d DCA 2000). Affirmed. 2

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