DANIEL LEE HODGES, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Jarvis Gerrard Green, 149 So. 3d 1146 (Fla. 2d DCA 2014)
  …rge, unless a new trial is granted by reason of some other prejudicial error. “ ‘When a rule is clear and unambiguous, courts will not look behind the rule’s plain language or resort to rules of construction to ascertain intent.’ ” Kidder v. State, 117 So. 3d 1166, 1170-71 (Fla. 2d DCA 2013) (quoting Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370, 375 (Fla. 4th DCA 2011)). Because burglary of an unoccupied dwelling is not an offense that necessarily includes trespass, and Green’s charge was not divided into…
• Manuel v. State, 162 So. 3d 1157 (Fla. 5th DCA 2015)
  …of scientific tests, experiments, or comparisons; and (iii) any tangible papers or objects that the defendant intends to use in the hearing or trial. (emphasis added). Relying on this provision and the Second District’s opinion in Kidder v. State, 117 So. 3d 1166 (Fla. 2d DCA 2013), the trial court granted the State’s motion and compelled production of the report. This was error. As will be discussed below, although Kidder provided support for the reasoning offered by the trial court to compel production of…
• State v. Fernandez, 141 So. 3d 1211 (Fla. 2d DCA 2014)
  …this court recently agreed with the State’s argument that the defense’s obligation to make reciprocal discovery extended to an expert witness’s report even though the defense did not intend to call the expert as a witness at trial. Kidder v. State, 117 So. 3d 1166, 1170-71 (Fla. 2d DCA 2013). The principle that we followed at the State’s urging in Kidder applies no less to the State’s reciprocal discovery obligation in this case. G. Additional Considerations As a caution, we note that our analysis of the is…

Authorities Cited

• Davis v. State, 745 So. 2d 499 (Fla. 1st DCA 1999)