HOWARD v. STATE

No. 86-814.

519 So.2d 687 (1988)

Christopher D. HOWARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 2, 1988.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Michel Ociacovski Weisz, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.


PER CURIAM.

Where the State fails to disclose to the defendant's counsel, in response to a request for discovery, the existence of an oral inculpatory statement made at the time of arrest, which the state then uses at trial, the court is obligated to conduct an inquiry, at trial, pursuant to the mandates of Richardson v. State, 246 So.2d 771 (Fla. 1971). From such inquiry it should be determined whether the discovery violation...

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