EVANKO v. STATE

No. 96-386.

681 So.2d 1203 (1996)

Sharon Marie EVANKO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 25, 1996.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, Judge.

The issue in this case is whether the trial court erred in permitting the arresting officer to testify at trial concerning a statement purportedly made by the defendant which was not divulged by the State in its pretrial discovery response. We find error and reverse.

The trial court properly conducted a Richardson hearing and concluded that although the State had indeed violated its obligation to report the statement, such violation was...

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