Small v. State

COPE, Judge.

Larry Small appeals his conviction for robbery. We reverse.

This case is before us after remand to the trial court pursuant to Small v. State, 608 So.2d 829 (Fla. 3d DCA 1992), approved, 630 So.2d 1087 (Fla.1994). Just before the start of the defendant’s robbery trial, the defense advised the court that it wished to present an alibi witness even though the defense had failed to give the ten-day notice of alibi required by Florida Rule of Criminal Procedure 3.200. The motion was denied and the alibi witness was excluded. There was a hung jury and a mistrial was declared.

Retrial was…