BLAKELY
v.
STATE OF FLORIDA
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A trial court does not abuse its discretion in admitting a late-disclosed photograph of a defendant's distinctive tattoo when the defendant suffered no prejudice because he could have been required to display the tattoo at trial.
[1] A trial court does not abuse its discretion in admitting evidence disclosed late in discovery when the defendant suffered no prejudice, as the evidence could have been pr…
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Join FLexlaw to unlock all legal intelligenceAppellant Blakely was convicted at trial. The State disclosed a photograph showing Blakely's distinctive tattoo late in the discovery process, and Bla…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
No. 1D2025-2327
ALFRED MAURICE BLAKELY, Appellant, v. STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for Escambia County. John F. Simon, Jr., Judge.
August 12, 2026
PER CURIAM.
Appellant argues that the trial court erred in not excluding from evidence as a discovery violation a photograph showing his distinctive tattoo. See generally Richardson v. State, 246 So. 2d 771 (Fla. 1971). While the disclosure of the photograph was admittedly late, we hold that the trial court did not abuse its discretion in allowing the photograph to be admitted into evidence. See Melton v. State, 386 So. 3d 603, 608 (Fla. 1st DCA 2024) (applying abuse of discretion standard when "ruling on a request for sanctions for a discovery violation”). We agree with the trial court that Appellant suffered no prejudice since he could have been required to display his tattoo at trial. See Jones v. State, 748 So. 2d 1012, 1023 (Fla. 1999); Flannigan v. State, 86 So. 3d 1156, 1157-
58 (Fla. 4th DCA 2012). We therefore affirm Appellant's convictions and sentences.
AFFIRMED.
ROWE, BILBREY, and LONG, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Richardson v. State, 246 So. 2d 771 (Fla. 1971)
- State v. Johnson, 386 So. 3d 603 (Fla. 1st DCA 2025)