STATE v. BENNETT

No. 2D11-4691.

111 So.3d 943 (2013)

STATE of Florida, Appellant, v. Alexander Fernando BENNETT, Appellee.

District Court of Appeal of Florida, Second District.

April 17, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Dawn A. Tiffin , Assistant Attorney General, Tampa, for Appellant.

Howard L. Dimmig, II , Public Defender, and Bruce P. Taylor , Assistant Public Defender, Bartow, for Appellee.


NORTHCUTT, Judge.

The State appeals the dismissal of grand theft and battery charges against Alexander Bennett after the circuit court determined that Bennett's due process rights were violated by the failure of law enforcement to preserve evidence. We reverse.

The charges stemmed from a hostile encounter between two groups of acquaintances at a gas station convenience store. According to the criminal report affidavit, Bennett's friend Ms. Murray approached...

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