Legal Opinion

Schopp v. State

District Court of Appeal of Florida

Decided July 6, 1994No. 93-1901PublishedCited by 4 opinions

1Opinion of the Court

ANSTEAD, Judge.

Appellant, Eric Schopp, was charged with armed burglary and grand theft. Upon trial, he was convicted of the lesser offenses of *142burglary and petit theft. We reverse and remand for a new trial as mandated by the holdings in Richardson v. State, 246 So.2d 771 (Fla.1971) and Smith v. State, 500 So.2d 125 (Fla.1986).

Under Richardson and Smith we must reverse if we determine that the trial court permitted a previously undisclosed prosecution witness to testify without conducting an inquiry into the circumstances and the possible prejudice to the defendant. We are not permitted to…

2Cases cited3 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Richardson v. StateSupreme Court of Florida · 1971
  3. Smith v. StateSupreme Court of Florida · 1986

3Cited by4 opinions

  1. State v. SchoppSupreme Court of Florida · 1995
  2. Pender v. StateDistrict Court of Appeal of Florida · 1994
  3. Johnson v. StateSupreme Court of Florida · 2011
  4. Johnson v. StateSupreme Court of Florida · 2011

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