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406 So. 2d 80

Hill v. State

District Court of Appeal of Florida

Decided November 20, 1981

District Court of Appeal of Florida · decided 1981-11-20

Cited by 1 later decisions — most recently November 1985

1 state decisions

Relies on 246 So. 2d 771 - Richardson v. State · 345 So. 2d 1061 - Cumbie v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-11-20

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HOBSON, Acting Chief Judge.

¶1Bobby Joe Hill appeals his conviction and sentence for aggravated battery. Specifically, he objects to the introduction in evidence of clothing worn by the alleged victim on the ground that the State did not disclose or permit him to inspect the clothing prior to trial as required under Florida Rule of Criminal Procedure 3.220(a)(l)(vi).

¶2At trial, appellant informed the court that the state had violated a rule of discovery. The court inquired of appellant’s counsel as to whether the violation had prejudiced appellant, but did not conduct the required inquiry under the standards set out in Richardson v. State, 246 So.2d 771 (Fla.1971).

¶3The trial court also placed the burden of showing prejudice on appellant. In situations of this nature, the burden is on the State to show that there has been no prejudice to a defendant by a discovery violation. Cumbie v. State, 345 So.2d 1061 (Fla.1977).

¶4Accordingly, the judgment and sentence are reversed and the cause remanded for a new trial.

¶5REVERSED and REMANDED.

BOARDMAN and GRIMES, JJ., concur.
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