Fleming
v.
State

This case is not covered by Casetext's citator
Third District Court of Appeal State of FloridaNov 7, 2018
No. 3D18-1647 (Fla. Dist. Ct. App. Nov. 7, 2018)

No. 3D18-1647

11-07-2018

Janis Fleming, Petitioner, v. The State of Florida, Respondent.

Law Offices of Grey and Mourin, and Jason Grey and Lana Cucchiella, for petitioner. Pamela Jo Bondi, Attorney General, and Marlon J. Weiss, Assistant Attorney General, for respondent.


Not final until disposition of timely filed motion for rehearing. Lower Tribunal Nos. 18-8009 & 12-29042 A Writ of Certiorari to the Circuit Court for Miami-Dade County, Veronica A. Diaz, Judge. Law Offices of Grey and Mourin, and Jason Grey and Lana Cucchiella, for petitioner. Pamela Jo Bondi, Attorney General, and Marlon J. Weiss, Assistant Attorney General, for respondent. Before EMAS, FERNANDEZ, and LOGUE, JJ. PER CURIAM.

Although the trial court properly decided the other issues on review, the circuit court departed from the essential requirements of law when it ruled it was legally barred from viewing the videotape of the altercation at the heart of this matter, as the State commendably concedes. Precisely because the county court expressly based its factual finding on a determination that the videotape contradicted the testimony of the defendant, the circuit court should have included a review of the videotape in deciding whether the county court's fact finding was supported by any competent substantial evidence.

Petition granted.