STATE OF FLORIDA, PETITIONER,
v.
KEVIN WALTER PENDER, ET AL., RESPONDENTS
PER CURIAM.
We have for review Pender v. State, 647 So. 2d 957 (Fla. 5th DCA 1994), which expressly and directly conflicts with the opinion in State v. Schopp, 653 So. 2d 1016 (Fla.1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The decision below is quashed and this cause is remanded for reconsideration in light of Schopp.
It is so ordered.
GRIMES, C.J., and SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur. HARDING, J., dissents with an opinion, in which OVERTON, J., concurs.
HARDING, Justice,
dissenting.
I respectfully dissent from the majority opinion in this ease for the reasons expressed in my dissent in State v. Schopp, 653 So. 2d 1016, 1022 (Fla.1995) (Harding, J., dissenting).
OVERTON, J., concurs.
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Pender v. State, 700 So. 2d 664 (Fla. 1997)…earing per se reversible. Pender v. State, 647 So. 2d 957 (Fla. 5th DCA mi)(Pender I). This Court quashed the district court’s decision and remanded for reconsideration in [*666] light of State v. Schopp, 653 So. 2d 1016 (Fla.1995). State v. Pender, 661 So. 2d 304 (Fla.1995)(Pender II). In Schopp, we overruled Smith and found the failure to conduct a Richardson hearing was no longer per se reversible but could be harmless error if there was no reasonable possibility that the discovery violation procedurally p…
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Pender v. State, 682 So. 2d 1161 (Fla. 5th DCA 1996)…e unimportance of what it depicted under the facts of this ease. AFFIRMED. PETERSON, C.J., and DAUKSCH and GRIFFIN, JJ., concur. . Pender v. State, 647 So. 2d 957 (Fla. 5th DCA 1994), review granted, 654 So. 2d 920 (Fla.1995). . State v. Pender, 661 So. 2d 304 (Fla.1995).…
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C.D.B. v. State, 662 So. 2d 738 (Fla. 1st DCA 1995)…ally different had the violation not occurred. Id. at 1020. Harmless error analysis is also necessary when the defense’s violation of a discovery rule results in exclusion of defense evidence without an adequate Richardson hearing. State v. Pender, 661 So. 2d 304 (Fla.1995); O’Rourke v. State, 661 So. 2d 800 (Fla.1995), aff'g O’Rourke v. State, 645 So. 2d 569 (Fla. 5th DCA 1994). “[I]n the vast majority of cases it will be readily apparent that the record is insufficient to support a finding of harmless erro…
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- State v. Schopp, 653 So. 2d 1016 (Fla. 1995)
- Pender v. State, 647 So. 2d 957 (Fla. 5th DCA 1994)