State v. Buitrago

CASANUEVA, Chief Judge.

The State of Florida appeals an order dismissing its criminal ease against Luis Buitrago for trafficking in cocaine and conspiracy to traffic in cocaine due to a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). In granting Mr. Buitrago’s motion to dismiss, the trial court found that the State had unintentionally lost or destroyed certain audio recordings which Mr. Buitrago claimed were exculpatory in nature. However, because there was no showing of bad faith and the evidence was not material but only potentially useful to the defense,…