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MOORE v. STATE

No. 81-959.

411 So.2d 335 (1982)

James MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 24, 1982.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Moore's counsel timely objected to and apprised the trial court of the state's use of an expert witness whose name did not appear on the state's witness list. Without conducting any inquiry as required by Richardson v. State, 246 So.2d 771 (Fla. 1971), the trial court overruled the objection and permitted the witness to testify. Because it failed to inquire whether the discovery violation was trivial or substantial...

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