Heath v. State

FARMER, Judge.

The only issue in this appeal from a conviction and sentence for burglary and petit theft meriting our attention and discussion is whether the trial court erred in failing to hold a Richardson hearing for an alleged discovery violation. We find that the judge did hold a hearing, properly held that there was no discovery violation and, in any event, that there was no prejudice to defendant.

Both sides engaged in reciprocal pretrial discovery. At trial, however, appellant took the stand and testified, in effect, that at the time of the theft he was actually already at work at a…