CURRY v. STATE

No. 1D07-5952.

1 So.3d 394 (2009)

Dennis W. CURRY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 9, 2009.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


PADOVANO, J.

The defendant appeals his convictions for attempted robbery and aggravated assault with a firearm. He contends that the trial court erred by failing to hold a hearing on a discovery violation by the state. We agree. A potential witness had given prosecutors a tape recorded statement in which she stated that the defendant had confessed the crimes to her, but the statement was not disclosed to the defense. Because a timely disclosure of the statement might...

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