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Hill v. State

Bobby Joe HILL v. STATE of Florida

Hill v. State, 406 So. 2d 80 (Fla. Dist. Ct. App. 1981)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
November 20, 1981
Docket
No. 81-634
Judges
Boardman, Grimes, Hobson
Citations
406 So. 2d 801981 Fla. App. LEXIS 21672

Opinion of the Court — Hobson

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HOBSON, Acting Chief Judge.

Bobby Joe Hill appeals his conviction and sentence for aggravated battery. Specifically, he objects to the introduction in evidence of clothing worn by the alleged victim on the ground that the State did not disclose or permit him to inspect the clothing prior to trial as required under Florida Rule of Criminal Procedure 3.220(a)(l)(vi).

At trial, appellant informed the court that the state had violated a rule of discovery. The court inquired of appellant’s counsel as to whether the violation had prejudiced appellant, but did not conduct the required inquiry under the standards set out in Richardson v. State, 246 So.2d 771 (Fla.1971).

The trial court also placed the burden of showing prejudice on appellant. In situations of this nature, the burden is on the State to show that there has been no prejudice to a defendant by a discovery violation. Cumbie v. State, 345 So.2d 1061 (Fla.1977).

Accordingly, the judgment and sentence are reversed and the cause remanded for a new trial.

REVERSED and REMANDED.

BOARDMAN and GRIMES, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1985: 119852026peak 1985 · 1

Relies on it most ⓘ

  1. State v. Alfonso478 So. 2d 1119 (Fla. Dist. Ct. App. 1985)

Most recent

  1. State v. Alfonso478 So. 2d 1119 (Fla. Dist. Ct. App. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Richardson v. State, 246 So. 2d 771 (Fla. 1971) 901
Cumbie v. State, 345 So. 2d 1061 (Fla. 1977) 79

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