Purvis v. State

713 So. 2d 1118, 1998 Fla. App. LEXIS 9480, 1998 WL 427087

Opinion

PER CURIAM.

Appellant challenges his convictions and sentences on several grounds. We find that one has merit, and we reverse and remand for a new trial. The trial court failed to conduct a full inquiry and to make the required findings when the state committed a discovery violation by calling a witness not disclosed on their witness list. See Richardson v. State, 246 So.2d 771, 775 (Fla.1971); Hatcher v. State, 568 So.2d 472, 474 (Fla. 1st DCA 1990), rev. denied, 577 So.2d 1328 (Fla.1991). We are unable to conclude beyond a reasonable doubt that the discovery violation and the trial court’s failure to conduct a full inquiry did not prejudice the defense. We are, therefore, required to reverse. See State v. Schopp, 653 So.2d 1016, 1020-1021 (Fla.1995).

MINER, WOLF and DAVIS, JJ., concur.