Hernandez v. State

I dissent because the State’s admitted discovery violation in this case materially affected defense counsel’s trial strategy and this warrants a new trial.

Abel Hernandez was convicted after a jury trial of petit theft and burglary for stealing plastic' tubing inside an unoccupied dwelling. In opening statement, defense counsel told the jury that Hernandez had nothing to do with the theft of the plastic tubing, and that he had been charged with burglary and theft simply because he was a homeless person who was sleeping in the vicinity of the house and his fingerprint was found on the outside…