N.S. v. State

District Court of Appeal of Florida

N.S. v. State

506 So. 2d 1157, 12 Fla. L. Weekly 1219, 1987 Fla. App. LEXIS 12102

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1987

DocketNo. 85-706

StatusPublished

This text of 506 So. 2d 1157 (N.S. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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N.S. v. State, 506 So. 2d 1157, 12 Fla. L. Weekly 1219, 1987 Fla. App. LEXIS 12102 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Although reversal and remand would be required, as a matter of law, on authority of Smith v. State, 500 So.2d 125 (Fla.1986) and Richardson v. State, 246 So.2d 771 (Fla.1971), for failure of the trial court to grant a hearing where it was learned at trial that the State failed to comply with a demand for discovery, we also find merit in the appellant’s second argument that the evidence is legally insufficient to sustain the adjudication of delinquency.

Reversed and remanded with instructions to discharge the appellant.

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PER CURIAM.

Although reversal and remand would be required, as a matter of law, on authority of Smith v. State, 500 So.2d 125 (Fla.1986) and Richardson v. State, 246 So.2d 771 (Fla.1971), for failure of the trial court to grant a hearing where it was learned at trial that the State failed to comply with a demand for discovery, we also find merit in the appellant’s second argument that the evidence is legally insufficient to sustain the adjudication of delinquency.

Reversed and remanded with instructions to discharge the appellant.

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506 So. 2d 1157, 12 Fla. L. Weekly 1219, 1987 Fla. App. LEXIS 12102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ns-v-state-fladistctapp-1987.

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