OPINION OF THE COURT
The subject of this appeal is the loss of a video tape in a case of driving under the influence and the Court’s dismissal thereof because of the “lost tape”.
There has been no showing of the withholding or suppressing of
The Trial Judge should consider all the evidence to determine whether its loss was prejudicial to the defendant before granting the motion to dismiss. State v Sobel, 363 So.2d 324 (Fla. 1978). This was not done in the instant case.
The Order of Dismissal is herewith vacated and this cause is remanded for further proceedings consistent herewith.
REVERSED AND REMANDED.
SALMON and KORNBLUM, JJ., concur.
