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BALBOA v. STATE

No. 82-1416.

446 So.2d 1134 (1984)

Josey Wales BALBOA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 13, 1984.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Julie Thornton, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.

BASKIN, Judge.

Prior to trial, Balboa's counsel invoked reciprocal discovery. The state failed to furnish tape-recorded statements of two witnesses on the ground that the recordings were work product and therefore not required to be furnished. The trial court agreed and denied defendant's motion to impose sanctions without conducting a Richardson* hearing. The court relied upon representations by the prosecutor concerning the content...

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