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MOE v. STATE

No. 5D05-2976.

944 So.2d 1096 (2006)

Todd L. MOE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 8, 2007.

Attorney(s) appearing for the Case

Flem K. Whited, III, and David H. Foxman of The Whited Law Firm, Daytona Beach, for Appellant.

James Russo, Public Defender, and Rigo Armas, Assistant Public Defender, Sanford, Amicus Curiae for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

TORPY, J.

In this DUI case, the county court has certified to us the following question of great public importance:

UNDER THE CRIMINAL RULES OF DISCOVERY AND THE HOLDING IN STATE V. MULDOWNY, [871 So.2d 911 (Fla. 5th DCA 2004)], CAN THE STATE OF FLORIDA BE REQUIRED TO PRODUCE THE SOURCE CODE FOR THE SERIES 5000 INTOXILYZER?

Under the facts of this case, we answer the question in the negative and, by doing...

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