Legal Opinion

Hernandez v. State

District Court of Appeal of Florida

Decided December 27, 2000No. 3D99-2216Published

1Opinion of the CourtShevin, J.

Juan Jose Hernandez appeals his conviction for carjacking with a deadly weapon and armed robbery with a deadly weapon. We affirm.

We find no abuse of discretion in the trial court’s denial of Hernandez’s motion for mistrial grounded on the state’s discovery violation. “When the State discloses evidence to the defendant after a trial has started, the focus of inquiry is on procedural prejudice.” Cohen v. State, 581 So.2d 926, 928 (Fla. 3d DCA 1991)(citing Thompson v. State, 565 So.2d 1311 (Fla.1990)). In this case, upon learning of the possible discovery violation the court conducted the…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Norton v. StateSupreme Court of Florida · 1997
  2. Thompson v. StateSupreme Court of Florida · 1990
  3. Sims v. StateSupreme Court of Florida · 1996
  4. Reese v. StateSupreme Court of Florida · 1997
  5. Cohen v. StateDistrict Court of Appeal of Florida · 1991

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