LAVIGNE v. STATE

No. EE-365.

349 So.2d 178 (1977)

Gary William LAVIGNE, Appellant (Defendant), v. STATE of Florida, Appellee (State).

District Court of Appeal of Florida, First District.

June 1, 1977.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, Margaret Good, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., for appellee.


MILLS, Judge.

A jury convicted Lavigne of robbery with a firearm. He appeals.

The issue which is determinative of this appeal is whether the trial court erred when it allowed the testimony of a police officer concerning an oral statement made to him by Lavigne which was not disclosed by the State in response to Lavigne's demand for discovery.

As provided by Fla.R.Crim.P. 3.220(a)(1)(iii), Lavigne made written demand upon the State to disclose the substance...

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