MITCHELL v. STATE

No. 77-1757.

358 So.2d 238 (1978)

Jack L. MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 25, 1978.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Karal B. Rushing, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Judge.

Appellant Mitchell was found guilty of selling heroin in violation of Section 893.13(1)(a)(1), Florida Statutes (1975). On this appeal he contends he was denied due process of law because the police failed to produce a tape recording they made of the alleged drug transaction, even though he requested the tape through discovery. Under the peculiar circumstances of this case we agree with appellant and, therefore, reverse his conviction.

The state...

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