Lanier v. State

Florida Circuit Courts

Lanier v. State

38 Fla. Supp. 2d 46

Circuit Court for the Judicial Circuits of Florida·Decided September 26, 1989·No. Case No. 88-3AM (County Court Case No. 87-22, 508TT-FP)·Published

Opinion

OPINION OF THE COURT

PER CURIAM.

Fla. Stat. § 316.193 (1987) which makes it unlawful to drive under [47]*47the influence of alcohol “within this State” was properly enforced against appellant who drove his car through a restaurant and marina parking lot to the boat ramp and allowed it to roll into the lake with his sleeping passenger inside. Zink v State, 448 So.2d 1196 (Fla. 1st DCA 1984).

There was no showing that the omitted or erased portions of a video tape were exculpatory and there was no showing of misconduct by the state, so the court properly denied the motion to dismiss the charges. Melendez v State, 498 So.2d 1258 (Fla. 1986). McNEAL, R., PETERSON, E., TOMBRINK, R., concur.

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OPINION OF THE COURT

PER CURIAM.

Fla. Stat. § 316.193 (1987) which makes it unlawful to drive under [47]*47the influence of alcohol “within this State” was properly enforced against appellant who drove his car through a restaurant and marina parking lot to the boat ramp and allowed it to roll into the lake with his sleeping passenger inside. Zink v State, 448 So.2d 1196 (Fla. 1st DCA 1984).

There was no showing that the omitted or erased portions of a video tape were exculpatory and there was no showing of misconduct by the state, so the court properly denied the motion to dismiss the charges. Melendez v State, 498 So.2d 1258 (Fla. 1986). McNEAL, R., PETERSON, E., TOMBRINK, R., concur.

Lanier v. State, 38 Fla. Supp. 2d 46 (Fla. Super. Ct. 1989).

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Opinion

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