D.M. v. State

BOARDMAN, Judge.

D.M. and E.M., who are juveniles, appeal their placement in a community control program. We reverse.

At appellants’ adjudicatory hearing, the state called as a rebuttal witness an individual who was not listed as a witness as required by Florida Rule of Criminal Procedure 3.220(a)(l)(i). Appellants timely objected to the state’s calling this witness because he was not listed, but the trial court allowed the witness to testify without conducting a Richardson inquiry.1

As this court clearly stated in Potts v. State, 403 So.2d 443, 446 (Fla. 2d DCA 1981):

Rebuttal .witnesses are not…