Lowry v. State

The majority has reversed this criminal case holding that the trial court erred in denying appellant’s motion for a continuance based on a discovery violation and that the trial court erred in permitting the State to call a witness in its case-in-chief who was not disclosed to appellant in advance of trial. I cannot agree to reverse based on the discovery violation because the record does not demonstrate any prejudice resulting from the State’s tardiness. I also do not agree that reversal is warranted based on the non-disclosure of the witness. This witness’s testimony is properly…