HARNUM v. STATE

No. 79-1384.

384 So.2d 1320 (1980)

Howard M. HARNUM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 18, 1980.


Attorney(s) appearing for the Case

Robert B. Bennett, Jr., Sarasota, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and James Whisenand, Deputy Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

Talbot D'Alemberte and Donald M. Middlebrooks of Steel, Hector & Davis, Miami, for amicus curiae Post-Newsweek Stations, Florida, Inc.


OTT, Judge.

On December 27, 1977 appellant was convicted of a violation of Section 839.25, Florida Statutes (1975), which purports to proscribe "Official Misconduct." The basis of the charge was that appellant, as chief of police of North Port, Florida, caused the records of the 1975 arrest of a DUI suspect to be altered to show a breathalyzer reading of .13 instead of the .30 actually recorded at the time of the arrest.

Appellant's defense, in essence, was...

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