Is Court's Failure to Hold a Richardson Hearing Per Se Reversible Error ?
In State v. Schopp, 653 So. 2d 1016 (Fla. 1995) the Court applied a harmless error analysis to situations where a trial court failed to hold a Richardson hearing (Richardson v. State) and where an Apprendi error (Apprendi v. New Jersey) occurred, respectively.
In Schopp the court receded from the rule that a trial court's failure to hold a Richardson hearing concerning a discovery violation is per se reversible error because there we determined it was clear from the record that the violation did not "materially hinder the defendant's trial preparation or strategy" and thus was harmless. Schopp, 653 So. 2d at 1020.