HICKEY v. STATE

No. 85-283.

484 So.2d 1271 (1986)

Charles Patrick HICKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 20, 1986.

As Clarified March 20, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

The defendant was charged with second degree murder after an altercation between himself and the victim, John P. Stark, Jr., which resulted in Stark's death from a stab wound. After a four day trial the jury found him guilty as charged. He appeals from that conviction, and for the reasons discussed, we are compelled to reverse for a new trial.

Defendant's counsel filed a pre-trial motion for discovery pursuant to Florida Rule of Criminal Procedure...

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