Booker v. State

COBB, Judge.

Booker, having previously pled guilty to first degree murder, seeks certiorari review of an order compelling reciprocal discovery during the penalty phase of the case. He contends the discovery rules outlined in Florida Rule of Criminal Procedure 3.220 apply only to the trial stage of a capital case.

In Maxwell v. State, 443 So.2d 967 (Fla.1983), the Florida Supreme Court, in upholding a death sentence, found that a trial court’s denial of a defendant’s motion seeking discovery of witnesses and tangible papers or objects to be used at the sentencing hearing, which motion was filed…