Loisell v. State

We reverse appellant’s conviction and remand for new trial.

Over objection by appellant, his oral statement to a detective was introduced into evidence, not withstanding the state’s failure to comply with Florida Rule of Criminal Procedure 3.220(b)(1)(C).

The failure to conduct a Richardson hearing cannot be said to be harmless error because of the reasonable possibility of a difference in trial preparation or strategy. State v. Schopp, 653 So.2d 1016, 1020 (Fla.1995). Here, it is reasonably possible that the change in appellant’s strategy between opening statement and closing argument was…