Legal Opinion

Vincente v. State

District Court of Appeal of Florida

Decided March 20, 1996No. 95-2867PublishedCited by 5 opinions

1Opinion of the Court

COPE, Judge.

Luis G. Vincente appeals his conviction for aggravated battery. We reverse.

The day prior to trial, the state moved to exclude two late-disclosed defense witnesses. After a perfunctory inquiry, the trial court granted the state’s motion and excluded the two defense witnesses.* The trial court’s inquiry fell well short of that which is required by Richardson v. State, 246 So.2d 771 (Fla.1971). See Brazell v. State, 570 So.2d 919, 921 (Fla.1990). We are unable to conclude that the exclusion of the two witnesses was harmless. See generally State v. Schopp, 653 So.2d 1016 (Fla.1995).

Def…

2Cases cited7 opinions

  1. Richardson v. StateSupreme Court of Florida · 1971
  2. State v. SchoppSupreme Court of Florida · 1995
  3. People v. SimonsCalifornia Court of Appeal · 1996
  4. State v. SheperdSupreme Court of Florida · 1985
  5. Hallman v. StateSupreme Court of Florida · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Michaud v. StateDistrict Court of Appeal of Florida · 2010
  2. State v. KirvinDistrict Court of Appeal of Florida · 1998
  3. Gonzalez v. StateDistrict Court of Appeal of Florida · 2003
  4. Brown v. StateDistrict Court of Appeal of Florida · 2013
  5. Wilson Verela v. the State of FloridaDistrict Court of Appeal of Florida · 2025

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