RAMIRO IBARRA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2011-02-25
No. 2D08-3955
CASANUEVA, C.J., and MORRIS, J., Concur.
56 So. 3d 70 Florida District Court of Appeal, Second District (2011) Positive Treatment
Cited by 5 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ramiro Ibarra appealed his trafficking and conspiracy convictions, arguing the trial court reversibly erred by allowing the State to impeach him with a previously undisclosed statement without conducting a Richardson hearing. The court agreed the trial court violated discovery rules and, finding the State could not prove harmless error beyond a reasonable doubt, reversed and remanded for a new trial.


Holding

Yes. The trial court was obligated to conduct a Richardson hearing because the rule requiring discovery of the defendant's statements applies equally when the statement is used for impeachment purposes—there is no impeachment exception to the Richardson rule. Because the State cannot demonstrate beyond a reasonable doubt that the defense was not procedurally prejudiced by the surprise use of the statement, reversal and remand for a new trial is required.


Headnotes

[1] A trial court must conduct a Richardson hearing when the State seeks to impeach a defendant with a previously undisclosed statement.

[2] The requirement for a Richardson hearing applies even when a defendant's undisclosed statement is used solely for impeachment purposes.

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Key Quotes

“There is no impeachment exception to the Richardson rule”

Establishes that discovery rules apply equally when statements are used for impeachment, not just substantive proof

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Facts & Procedural History

Ibarra was charged with trafficking in cocaine and conspiracy to traffic in cocaine. At trial, Ibarra testified in his own defense, claiming he was en…

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Opinion of the Court
KELLY, Judge.

KELLY, Judge.

Ramiro Ibarra challenges his judgment and sentences for trafficking in cocaine and conspiracy to traffic in cocaine. Although he asserts two grounds on appeal that he contends require a new trial, we address only his argument that the trial court reversibly erred when it allowed the State to impeach him with a previously undisclosed statement without first conducting a Richardson1 hearing to determine if a discovery violation had occurred and, if so, whether he was prejudiced. We agree that the trial court erred when it failed to make the required inquiry, and because the State has not met its burden to prove beyond a reasonable doubt that Ibarra was not procedurally prejudiced by the violation, we reverse.

At trial, Ibarra, who claimed he was entrapped, testified in his own defense. After he testified, the State announced its intention to call a police detective as a rebuttal witness. The State indicated the detective would testify about an oral statement Ibarra made to the detective that was contrary to Ibarra’s trial testimony. The State had not previously disclosed the content of the statement as required by Florida Rule of Criminal Procedure 3.220(b)(1)(C). Defense counsel *72objected and notified the court that the State had never disclosed the statement. Ibarra argues that at this juncture the trial court was obligated to conduct a Richardson hearing to determine whether a discovery violation had occurred and whether Ibarra had been prejudiced by the violation. See, e.p., Reese v. State, 694 So.2d 678 (Fla.1997) (noting the necessity of a Richardson hearing where the State sought to introduce an oral statement by the defendant to the police where the content of the statement had not been provided to defense counsel). The State argues the hearing was unnecessary because it never called the detective in rebuttal and instead only used Ibarra’s statement to impeach him during cross-examination. However, the rule requiring discovery of the defendant’s statements applies equally when the statement is used for impeachment purposes. See Portner v. State, 802 So.2d 442, 446 (Fla. 4th DCA 2001) (noting that “[t]here is no impeachment exception to the Richardson rule”). Accordingly, we agree with Ibarra that the trial court was obligated to conduct the heai--ing.

The standard for determining whether reversal is required for failing to conduct a Richardson hearing is hannless error. State v. Schopp, 653 So.2d 1016, 1020-21 (Fla.1995). The error is harmless only when the State can demonstrate, beyond a reasonable doubt, that the aggrieved party was not proeedurally prejudiced by the discovery violation. Id. at 1020. “As used in this context, the defense is proeedurally prejudiced if there is a reasonable possibility that the defendant’s trial preparation or strategy would have been materially different had the violation not occurred.” Id. Because we cannot say beyond a reasonable doubt that the defense was not proeedurally prejudiced by the State’s surprise use of Ibar-ra’s statement to the detective, we must reverse and remand for a new trial. See, e.g., Portner, 802 So.2d at 446 (“In most cases, the decision whether a defendant will testify is a strategic call which can materially alter the outcome of a case. A defendant’s ability to make an informed decision in this regard is certainly affected by the state’s nondisclosure of impeachment material discoverable under the rules.”).

Reversed and remanded for a new trial.

CASANUEVA, C.J., and MORRIS, J., Concur.


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Citator

Cited By

  • Gage v. State, 147 So. 3d 1020 (Fla. 2d DCA 2014)
    …01 So. 2d 1310, 1314 (Fla.1981). Failure to conduct a Richardson hearing is deemed harmless error only when the State can demonstrate beyond a reasonable doubt that the discovery violation did not procedurally prejudice the defense. Ibarra v. State, 56 So. 3d 70, 72 (Fla. 2d DCA 2011); see also Scipio, 928 So. 2d at 1150. ‘“As used in this context, the defense is procedurally prejudiced if there is a reasonable possibility that the defendant’s trial preparation or strategy would have been materially differe…
  • Z.L. v. State, 228 So. 3d 600 (Fla. 2d DCA 2017)
    …on to the offense. Scipio v. State, 928 So. 2d 1138, 1147 (Fla. 2006) (quoting State v. Schopp, 653 So. 2d 1016, 1020-21 (Fla. 1995)). The court’s inadequate Richardson hearing therefore-necessitates, a new adjudicatory hearing. See Ibarra v. State, 56 So. 3d 70, 72 (Fla. 2d DCA 2011). Accordingly, we reverse the order finding Z.L. guilty of third-degree grand theft and remand for a new adjudicatory hearing on that offense. Reversed and remanded. CASANUEVA, CRENSHAW, and LUCAS, JJ., Concur. . Richardson…
  • D. W. v. State (Fla. 2d DCA 2024)

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