Testimony About Statements That Were Not Mentioned During Deposition
In Reese v. State, 694 So.2d 678, 682 (Fla. 1997), the defendant challenged a trial court finding that no discovery violation had occurred when a police detective testified at trial that the defendant made a statement at the time of the crime, when such statement had not been disclosed to the defense prior to trial. See 694 So.2d at 681.
The police detective's notes did not refer to the defendant's alleged statement, and the detective did not mention the alleged statement during his deposition. See id.
The trial court conducted a Richardson hearing upon being advised of a possible discovery violation, but after conducting the hearing, the court found that no discovery violation had occurred and thus declined to exclude the detective's trial testimony regarding the defendant's alleged statement. See 694 So.2d at 681-82.