Del Haya v. State

SCHWARTZ, Chief Judge.

The convictions under review are reversed for a new trial because the trial court admitted into evidence a photograph of the defendant, which had not been previously supplied as required in pre-trial discovery, without first conducting a Richardson hearing. Zeigler v. State, 402 So.2d 365 (Fla.1981), cert. denied, 455 U.S. 1035, 102 S.Ct. 1739, 72 L.Ed.2d 153 (1982); Cumbie v. State, 345 So.2d 1061 (Fla.1977); Balboa v. State, 446 So.2d 1134 (Fla. 3d DCA 1984).

While we have previously certified to the supreme court the question of whether the rule of per se Richardson…