PABLO MONTES GARCIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a conviction for aggravated assault because the trial court erred in admitting a victim's shirt into evidence without prior disclosure to the defendant, violating discovery obligations.
A trial court errs in admitting physical evidence not listed in the state's bill of particulars or disclosed during discovery, and such admission is sufficiently prejudicial to warrant a new trial.
[1] Physical evidence not disclosed in the state's bill of particulars or during discovery discovery obligations cannot be admitted at trial without violating the defendant's…
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Join FLexlaw to unlock all legal intelligencePablo Montes Garcia was convicted of aggravated assault by jury verdict. The state introduced a shirt worn by the victim into evidence at trial withou…
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The defendant, Pablo Montes Garcia, appeals from a judgment of conviction entered upon a jury verdict finding him guilty of aggravated assault.
One of the grounds argued by appellant for reversal is that the trial court erred in admitting into evidence a shirt worn by the victim and not listed on the state’s bill of particulars nor made known to the defendant until it was offered into evidence.
Appellant had made a timely motion for a statement of particulars and for discovery but the shirt was not listed as evidence to be used by the state.
*576We have carefully considered the point in the light of the record on appeal and have concluded that the trial court erred in overruling defendant’s objections to the admission of the shirt into evidence and that its admission was so prejudicial as to entitle the defendant to a new trial. It further appears that the trial court failed to make sufficient inquiry as to why the disclosure was not made, the prejudice to the other party, and the steps which may be taken, if any, to mitigate such prejudice. See: Ramirez v. State, Fla.App. 1970, 241 So.2d 744 and Cunningham v. State, Fla.App.1971, 254 So.2d 391. See also: Richardson v. State, Fla.1971, 246 So.2d 771, 774-776; and Williams v. State, Fla.App. 1972, 264 So.2d 106, 108.
The judgment appealed is reversed with directions to grant the defendant a new trial.
It is so ordered.
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Citator
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Carnivale v. State, 271 So. 2d 793 (Fla. 3d DCA 1973)…failure to list DeLong as a witness. It was incumbent upon the trial judge to determine if any prejudice had resulted by such failure. The trial judge having failed to make proper inquiry, this cause must be reversed. Garcia v. State, Fla.App.1972, 268 So. 2d 575. The other points raised by the appellant have been examined and found to be without merit, although it is noted that upon a retrial of this matter, the State should probably offer a better quantum of proof as to the value of the goods taken. Ther…
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Ruvel Smith v. State, 319 So. 2d 14 (Fla. 1975)…upra, see Note 8. . Id. at 746. . Richardson v. State, supra, see Note 2 at pp. 774-775. . Salamone v. State, 247 So. 2d 780 (Fla.App.1971); Carnivale v. State, 271 So. 2d 793 (Fla.App.1973), cert. den., Fla., 277 So. 2d 534; cf. Garcia v. State, 268 So. 2d 575 (Fla.App.1972) cert. den., Fla., 273 So. 2d 81. . Watson v. State, supra, see Note 3 at p. 662.…
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State v. Garcia, 273 So. 2d 81 (Fla. 1973)…Certiorari denied. 268 So. 2d 575. CARLTON, C. J., and ROBERTS, ERVIN, McCAIN and DEKLE, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Richardson v. State, 246 So. 2d 771 (Fla. 1971)
- Ramirez v. State, 241 So. 2d 744 (Fla. 4th DCA 1970)
- Williams v. State, 264 So. 2d 106 (Fla. 4th DCA 1972)
- Cunningham v. State, 254 So. 2d 391 (Fla. 1st DCA 1971)