STATE v. HAMPTON

No. 5D11-4292.

113 So.3d 109 (2013)

STATE of Florida, Appellant, v. Reginald Antonio HAMPTON, Appellee.

District Court of Appeal of Florida, Fifth District.

May 17, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Megan Saillant , Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy , Public Defender, and Robert E. Wildridge , Assistant Public Defender, Daytona Beach, for Appellee.


PER CURIAM.

The State challenges the dismissal of the information against Appellee. It contends the trial court erred in finding that it had committed a discovery violation by failing to retrieve and preserve a surveillance videotape from the retail store where Appellee had been arrested prior to the store erasing the tape. It argues that the tape was never in the government's possession, was not exculpatory, and there was no evidence of bad faith. We agree and reverse...

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