Gage v. State

LaROSE, Judge.

Brandon Gage appeals his conviction and forty-year prison sentence for battery and sexual battery. See §§ 784.03, 794.011, Fla. Stat. (2010). The trial court improperly allowed the State to impeach Mr. Gage and his mother with a previously undisclosed recorded statement without conducting a Richardson 1 hearing to determine whether a discovery violation occurred and, if so, whether it procedurally prejudiced Mr. Gage. The State failed to meet its burden to prove beyond a reasonable doubt that the discovery violation did not procedurally prejudice Mr. Gage. We must reverse and…