District Court of Appeal of Florida

Dismissal of an information charging defendant with battery on a law enforcement officer, pursuant to a claim that the state had intentionally destroyed an exculpatory videotape and that the videotape was missing seconds showing defendant never touched an officer, is reversed where dismissal as a sanction under the circumstances was inappropriate.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• STONE, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellant.


• For Appellees:
  
• Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellee.