Johnson v. State

Reversed on the authority of Richardson v. State, 246 So.2d 771 (Fla.1971) and Gumbie v. State, 345 So.2d 1061 (Fla.1977).

On the third day of trial the state notified the appellant for the first time of a witness who subsequently testified in the state’s behalf about statements made by the appellant immediately after the crime in question took place. The state utilized this testimony not only to establish its case against appellant but also to negate appellant’s defense of temporary insanity. When the state initially advised appellant of the existence of the witness the prosecutor also stated…