H.T. v. State, 458 So. 2d 802

PER CURIAM.

The adjudication of delinquency under review is reversed for a new hearing because the lower court improperly failed to hold a Richardson¹ hearing prior to admitting incriminating statements allegedly made by the respondent and not previously revealed by the state in discovery. Cumbie v. State, 345 So.2d 1061 (Fla.1977); Balboa v. State, 446 So.2d 1134 (Fla. 3d DCA 1984). The state’s contentions that the defense was on prior notice of the statements, see Leeman v. State, 357 So.2d 703 (Fla.1978), or acquiesced in the court’s ruling, see Lucas v. State, 376 So.2d 1149 (Fla.1979), are totally unsustained by the record.

Notes

1 . Richardson v. State, 246 So.2d 771 (Fla.1971).

Case Details

Case Name: H.T. v. State

Court Name: District Court of Appeal of Florida

Date Published: Oct 23, 1984

Citations: 458 So. 2d 802; 9 Fla. L. Weekly 2250; 1984 Fla. App. LEXIS 15828; No. 83-1282

Docket Number: No. 83-1282

Court Abbreviation: Fla. Dist. Ct. App.