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Borges v. State

District Court of Appeal of Florida, Third District
Nov 27, 1984
459 So. 2d 459 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-350.

November 27, 1984.

Appeal from the Circuit Court, Dade County, Michael H. Salmon, J.

Gold Fox and Myron M. Gold, for appellant.

Jim Smith, Atty. Gen. and Renee E. Ruska, Asst. Atty. Gen., for appellee.

Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ.


Even if, arguendo, it can be said that a hearing pursuant to Richardson v. State, 246 So.2d 771 (Fla. 1971), was required when it appeared that the State had not produced for the defendant's examination and inspection an item of physical evidence, the existence, location and availability of which was at all times well known to the defendant, the inquiry conducted by the trial court met the requirements of Richardson, and its implicit ruling that the defendant was not prejudiced by the "discovery violation" is amply supported by the record, and the admission into evidence of this practically non-probative and totally cumulative item was clearly justified.

Affirmed.


Summaries of

Borges v. State

District Court of Appeal of Florida, Third District
Nov 27, 1984
459 So. 2d 459 (Fla. Dist. Ct. App. 1984)
Case details for

Borges v. State

Case Details

Full title:RAUL BORGES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 27, 1984

Citations

459 So. 2d 459 (Fla. Dist. Ct. App. 1984)

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