
    LANIER v STATE OF FLORIDA
    Case No. 88-3AM (County Court Case No. 87-22, 508TT-FP)
    Fifth Judicial Circuit, Lake County
    September 26, 1989
    APPEARANCES OF COUNSEL
    William E. Stone, for appellant.
    Ann Marie Giordano, Assistant State Attorney, for appellee.
    Before McNEAL, PETERSON, TOMBRINK, JJ.
   OPINION OF THE COURT

PER CURIAM.

Fla. Stat. § 316.193 (1987) which makes it unlawful to drive under the influence of alcohol “within this State” was properly enforced against appellant who drove his car through a restaurant and marina parking lot to the boat ramp and allowed it to roll into the lake with his sleeping passenger inside. Zink v State, 448 So.2d 1196 (Fla. 1st DCA 1984).

There was no showing that the omitted or erased portions of a video tape were exculpatory and there was no showing of misconduct by the state, so the court properly denied the motion to dismiss the charges. Melendez v State, 498 So.2d 1258 (Fla. 1986). McNEAL, R., PETERSON, E., TOMBRINK, R., concur.  