State v. Bade

OPINION OF THE COURT

THEODORE G. MASTOS, Judge.

*150The State of Florida, appellant herein, appeals from an Order Dismissing Charges in a D.U.I. prosecution. Said dismissal was predicated on the State’s failure to preserve the videotape made simultaneously with appellee’s arrest. The trial judge held that the failure to preserve the videotape denied appellee both proper Discovery under Rule 3.220, Fla. R. Crim. P. and due process of law under Article 1, Section 9 of the Florida Constitution and the Fourteenth Amendment to the United States Constitution.

The trial judge conducted a pre-trial hearing…