P.H. v. State

District Court of Appeal of Florida

P.H. v. State

489 So. 2d 215, 11 Fla. L. Weekly 1269, 1986 Fla. App. LEXIS 8147

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1986

DocketNo. 85-927

StatusPublished

Cited by2 cases

This text of 489 So. 2d 215 (P.H. 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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P.H. v. State, 489 So. 2d 215, 11 Fla. L. Weekly 1269, 1986 Fla. App. LEXIS 8147 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

P.H., a juvenile, appeals from an order adjudicating him to be a delinquent. It is appellant’s contention that the trial judge erred in allowing into evidence, over defense objection, the juvenile’s purported confession where the state breached its duty to disclose the statement as required by Florida Rule of Juvenile Procedure 8.070(a)(l)(iii), and where the court failed to conduct an inquiry into the circumstances surrounding the discovery breach.

We find merit in appellant’s contention and reverse. See Wilcox v. State, 367 So.2d 1020 (Fla.1979); Richardson v. State, 246 So.2d 771 (Fla.1971); Donahue v. State, 464 So.2d 609 (Fla. 4th DCA 1985).

Reversed and remanded for a new trial.

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PER CURIAM.

P.H., a juvenile, appeals from an order adjudicating him to be a delinquent. It is appellant’s contention that the trial judge erred in allowing into evidence, over defense objection, the juvenile’s purported confession where the state breached its duty to disclose the statement as required by Florida Rule of Juvenile Procedure 8.070(a)(l)(iii), and where the court failed to conduct an inquiry into the circumstances surrounding the discovery breach.

We find merit in appellant’s contention and reverse. See Wilcox v. State, 367 So.2d 1020 (Fla.1979); Richardson v. State, 246 So.2d 771 (Fla.1971); Donahue v. State, 464 So.2d 609 (Fla. 4th DCA 1985).

Reversed and remanded for a new trial.

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489 So. 2d 215, 11 Fla. L. Weekly 1269, 1986 Fla. App. LEXIS 8147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ph-v-state-fladistctapp-1986.

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