RAYMOND PACE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Kelley v. State, 486 So. 2d 578 (Fla. 1986)
  …culative analysis, appellate courts have tended to defer to the findings of the trial court on the matter. Sobel, 363 So. 2d at 328; Smith v. State, 400 So. 2d 956 (Fla.1981); Krantz v. State, 405 So. 2d 211, 212 (Fla. 3d DCA 1981); Budman v. State, 362 So. 2d 1022 (Fla. 3d DCA 1978). The trial court below specifically found that the destruction of the particular evidence here in question did not prejudice appellant’s case, or create an otherwise non-existent reasonable doubt. In light of the centrality of tes…
• State v. del Gaudio, 445 So. 2d 605 (Fla. 3d DCA 1984)
  …he defendant of its use, dismissal of the charges is unwarranted. See State v. Sobel, 363 So. 2d 324 (affirming denial of motion to dismiss upon finding of good faith destruction of unintelligible tapes of part of drug transaction); Budman v. State, 362 So. 2d 1022 (Fla. 3d DCA 1978) (affirming denial of motion to dismiss upon finding of good faith destruction of inaudible tapes of drug transaction); State v. James, 404 So. 2d 1181 (Fla. 2d DCA 1981) (reversing grant of motion to dismiss upon finding of good f…
• State v. Powers, 555 So. 2d 888 (Fla. 2d DCA 1990)
  …d 281 (1988). Certain duties arise, however, once a policy of gathering evidence through certain tests is established. Once law enforcement has gathered and taken possession of evidence, a duty of preservation in some form attaches. Budman v. State, 362 So. 2d 1022 (Fla. 3d DCA 1978). [*891] The Pinellas County Sheriffs Department chose to perform two particular tests in connection with its prosecution of DUI cases. First, by collecting a sample of an accused’s breath and performing a test on that breath, the…

Authorities Cited

• Grant v. State, 363 So. 2d 1063 (Fla. 1978)
• DeLAINE v. State, 262 So. 2d 655 (Fla. 1972)