People v. Moises

Defendant was charged with misdemeanor DUI and several traffic offenses. State turned over squad car video recording of traffic stop, which did not capture Defendant's field sobriety tests because arresting officer directed Defendant to perform tests in area outside view of camera. Court granted Defendant's motion for sanctions, on grounds that officer's direction resulted in no video being created, and barred testimony about Defendant's field sobriety tests. As no discovery violation occurred, because State neither destroyed nor withheld squad car video from Defendant, court erred in granting motion for sanctions.(LYTTON, specially concurring; HOLDRIDGE, dissenting.)