Florida District Courts of Appeal, 2011

Phillipe v. State

Phillipe v. State
Florida District Courts of Appeal · Decided August 31, 2011 · Gerber, Polen, Warner
82 So. 3d 1030; 2011 Fla. App. LEXIS 13741; 2011 WL 3819924 (Southern Reporter, Third Series)

Phillipe v. State

Opinion of the Court

GERBER, J.

The defendant argues that the trial court erred by permitting the state to call two undisclosed rebuttal witnesses and by failing to conduct a Richardson hearing. Richardson v. State, 246 So.2d 771 (Fla. 1971). In response, the state argues that the defendant did not preserve this error for review. We agree with the state and affirm. See Taylor v. State, 62 So.3d 1101, 1116 (Fla. 2011) (“ ‘Where a defendant fails to timely object to a discovery violation or to request a Richardson hearing, the defendant does not preserve the point for appellate review.’ ”) (citations omitted).

Affirmed.

WARNER and POLEN, JJ., concur.

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