SMIDDY v. STATE

Nos. 93-1149, 93-1894, 93-687, 93-686, 93-684, 93-685, 93-682, 93-681, 93-680 and 93-679.

627 So.2d 1257 (1993)

Thomas L. SMIDDY; Santos M. Garcia; Omar Morgan; Francisco Gonzalez; Adelain Aragon; Magdaline Roberts; Oquelly Gonzalez; Fernando Marrero; Reyes Sanchez; Patrick Theard; Raymond Y. Johnson; Simon Arteaga; Michael Higgins; and Julio Delgado, Petitioners, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 14, 1994.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for petitioners.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for respondent.

Robert S. Reiff and H. Scott Fingerhut, for Florida Ass'n of Crim. Defense Lawyers-Miami Chapter and American Civ. Liberties Union of Florida, as amici curiae.

Before NESBITT, BASKIN and GERSTEN, JJ.


BASKIN, Judge.

Petitioners, defendants below, seek writs of certiorari to quash a decision of the circuit court, appellate division, reversing county court orders dismissing charges against defendants. We grant the petitions.

In 1990, petitioners were arrested and charged in county court with driving under the influence [DUI]. The officers processing the petitioners did not videotape the administration of petitioners...

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