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BENNETT v. STATE

No. 2D08-4028.

23 So.3d 782 (2009)

John R. BENNETT, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

November 25, 2009.

Attorney(s) appearing for the Case

Darren Finebloom of Finebloom & Haenel, P.A., Sarasota, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Respondent.

ALTENBERND, Judge.

John R. Bennett seeks certiorari review of a circuit court's appellate decision reinstating a DUI charge against him in county court. The county court had dismissed the DUI charge because either a deputy sheriff's video camera failed to record the roadside field sobriety test or the digital recording system in the sheriff's office failed to preserve the recording. The circuit court reversed this order, concluding that the case was controlled by...

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