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Muniz v. State

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LUIS MUNIZ, Appellant, v. STATE OF FLORIDA, Appellee.Case No. 2D07-3884. District Court of Appeal of Florida, Second District. Opinion filed August 13, 2008. Appeal from the Circuit Court for Polk County, J. Dale Durrance, Judge. James Marion Moorman, Public Defender, and Jeffrey M. Hazen, Special Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. Luis Muniz appeals his judgment and five-year sentence for grand theft of a motor vehicle. Muniz raises four issues on appeal, but we address only the issue regarding a discovery violation. We reverse and remand for a new trial because the trial court did not conduct an adequate Richardson1 inquiry on the discovery violation, and we cannot conclude that the error was harmless...continue to full post

Full post as published by Florida Criminal Law Opinions on August 13, 2008 (boomark / email).