M.O.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
At appellant’s trial in juvenile court, a prosecution witness testified that appellant made an inculpatory statement that defense counsel alleged had not been furnished in response to a demand for discovery. We reverse the conviction and disposition and remand for a new adjudicatory hearing because it was error, under Richardson v. State, 246 So. 2d 771 (Fla.1971), not to have conducted an inquiry to determine whether a discovery violation had occurred, if the violation was willful or inadvertent, whether the violation was trivial or substantial, and if the violation prejudiced the defendant. See Sears v. State, 656 So. 2d 595 (Fla. 1st DCA 1995); Lowery v. State, 610 So. 2d 657 (Fla. 1st DCA 1992). We have considered, and expressly reject, the State’s contentions that no statement was testified to by the witness and that the error is harmless. See State v. Schopp, 653 So. 2d 1016 (Fla.1995).
MINER, ALLEN and PADOVANO, JJ., concur.
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Bishop v. State, 21 So. 3d 830 (Fla. 1st DCA 2008)…fore us whether the trial court would have revoked Appellant’s probation in the absence of the improper findings. Accordingly, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion. See Whidden v. State, 701 So. 2d 1224, 1225 (Fla. 1st DCA 1997). Appellant was sentenced to probation after pleading nolo contendere to aggra [*831] vated assault with a deadly weapon. Under the conditions of probation, Appellant was prohibited from carrying a weapon and required to fo…
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Smith v. State, 892 So. 2d 513 (Fla. 1st DCA 2004)…2) and (18) of his community control by failing to pay both his court costs and costs of supervision. The court did not, however, find either orally or in its written order that appellant had the ability to pay. This was error. See Whidden v. State, 701 So. 2d 1224 (Fla. 1st DCA 1997). [*515] Accordingly, we remand for such a determination. Id. II. Failure to Attend Counseling The trial court also found that appellant violated term (19) of his community control by failing to attend counseling. The record rev…
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- Richardson v. State, 246 So. 2d 771 (Fla. 1971)
- State v. Schopp, 653 So. 2d 1016 (Fla. 1995)
- Sears v. State, 656 So. 2d 595 (Fla. 1st DCA 1995)
- Lowery v. State, 610 So. 2d 657 (Fla. 1st DCA 1992)