Legal Opinion

Elliott v. State

District Court of Appeal of Florida

Decided December 5, 2008No. 5D08-72Published

1Per curiam

Joel Elliott appeals his conviction and sentence on a single charge of robbery, 1 arguing that the trial court abused its discretion by allowing the State to introduce DNA test results into evidence when it had only provided preliminary test results to the defense prior to a pre-trial discovery deadline. The final test results were consistent with the preliminary results provided to the defense in advance of the pre-trial discovery deadline, and the defense demonstrated no prejudice as a result of its receipt of the final results after the deadline. Therefore, we agree with the State that the…

2Cases cited6 opinions

  1. Overton v. StateSupreme Court of Florida · 2001
  2. Cabrera v. StateDistrict Court of Appeal of Florida · 2004
  3. Webster v. StateDistrict Court of Appeal of Florida · 1998
  4. State v. HamnerDistrict Court of Appeal of Florida · 2002
  5. State v. RandolDistrict Court of Appeal of Florida · 2007

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