M.F.
v.
STATE

Fla. 3d DCA | 2018-10-10
No. 17-2306
255 So. 3d 519 Florida District Court of Appeal, Third District (2018) Positive Treatment
Cited by 2 cases

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Holding

Where a trial court initially finds a discovery violation but subsequently determines the document was in fact provided in discovery, there is no violation and thus no need to analyze procedural prejudice.


Headnotes

[1] Where a discovery violation is cured by production of the withheld document, no procedural prejudice analysis is required.

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Facts & Procedural History

The State allegedly failed to produce a property receipt for evidence impounded at the scene in a juvenile delinquency case. After a sidebar conferenc…

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Opinion of the Court

LOGUE, J.

The juvenile defendant argues on appeal that the trial court erred by not finding procedural prejudice when it conducted a Richardson1 hearing to address an alleged discovery violation by the State. The trial court initially ruled that the State had inadvertently committed a discovery violation by not producing the property receipt for evidence which had been impounded at the scene. However, the transcript of the adjudicatory hearing demonstrates that after a subsequent sidebar conference, the court determined that the “document was provided in discovery. So there’s no violation.” The ruling that no violation occurred moots any inquiry into whether there was procedural prejudice. Affirmed.

Footnotes
1 Richardson v. State, 246 So. 2d 771 (Fla. 1971).

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