Small v. State

The defendant appeals an adjudication of robbery entered upon a jury verdict. We agree with defendant’s argument that the trial court erred in refusing to permit his alibi witness to testify without first giving the defendant an opportunity to show good cause why defendant failed to comply with Florida Rule of Criminal Procedure 3.200. That rule requires a defendant offering an alibi witness to furnish to the prosecuting attorney, at least ten days before trial, notice of his intent to call such witness, as well as the witness’ name and address, so that the state may depose the witness prior…