Florida District Courts of Appeal, 2018

Fleming v. State

Fleming v. State
Florida District Courts of Appeal · Decided November 7, 2018 · Emas, Fernandez, Logue
258 So. 3d 553 (Southern Reporter, Third Series)

Fleming v. State

Opinion of the Court

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 *554altercation 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.

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