Florida District Courts of Appeal, 2009

Kirton v. State

Kirton v. State
Florida District Courts of Appeal · Decided July 21, 2009 · Clark, Webster, Wolf
13 So. 3d 1111; 2009 Fla. App. LEXIS 9966; 2009 WL 2152346 (Southern Reporter, Third Series)

Kirton v. State

Opinion of the Court

PER CURIAM.

In this direct criminal appeal, we agree with appellant that the state committed a discovery violation when it failed to disclose a recording of a conversation between appellant and his mother made while appellant was in jail awaiting trial, and that the trial court failed to comply with the requirements of Richardson v. State, 246 So.2d 771 (Fla. 1971). However, having carefully reviewed the record, we are satisfied to the exclusion of all reasonable doubt “that the defense was not procedurally prejudiced by the discovery violation.” Scipio v. State, 928 So.2d 1138, 1150 (Fla. 2006) (citing State v. Schopp, 653 So.2d 1016, 1021 (Fla. 1995)). Accord Smith v. State, 7 So.3d 473, 506-07 (Fla. 2009). Accordingly, we affirm.

AFFIRMED.

WOLF, WEBSTER and CLARK, JJ., concur.

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