Christopher SUDA, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
John M. Weinberg, Miami, for Appellant.
Charlie Crist, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Appellant, Christopher Suda, appeals his judgment and sentence for trafficking in *666 Methylenedioxymethamphetamine (MDMA) on the grounds that the trial court abused its discretion in admitting the testimony of an undisclosed State witness. We agree, and reverse and remand the matter for a new trial.
While the trial court properly found the State's failure to disclose the witness prior to trial was error, it abused its discretion in finding that the discovery violation was harmless because Suda was aware of the existence of the witness, and could have deposed her prior to trial.
[W]here the State commits a discovery violation, the standard for deeming the violation harmless is extraordinarily high. A defendant is presumed to be procedurally prejudiced "if there is a reasonable [possibility] that the defendant's trial preparation or strategy would have been materially different had the violation not occurred."
Cox v. State,
Reversed and remanded for a new trial.
DAVIS, BROWNING and POLSTON, JJ., concur.
