Ferris v. State

Appellant was convicted of D.U.I. and appeals on three grounds. He argues that the trial court erred in admitting a videotape of the incident, in allowing the prosecutor to argue in closing that he had “actual physical control of the vehicle” and in providing a jury instruction to the same effect. We affirm on all issues.

Prior to trial, appellant sought to exclude the audio portion of a videotape of the D.U.I. incident on the grounds that the officer who made the tape and spoke thereon would not be testifying at trial. However, the defense has neglected to include in the record a copy of the…