Hutchins v. State

CHASANOW, Judge.

In the instant case, we must determine whether the trial court in a criminal case erred in permitting the rebuttal *468testimony of expert witnesses who had not been disclosed to the defendant prior to trial and in refusing to permit the defendant a continuance in order to prepare rebuttal to the expert testimony. We hold that the trial judge erred in admitting such testimony. We further find that the admission of the testimony was not harmless error.

I

This case arises out of the 1993 conviction of Richard Lee Hutchins (Hutchins) for theft of an automobile valued over $300.…