Talavera v. State
Docket: No. 87-1151
Court: District Court of Appeal of Florida; April 27, 1988; Florida; State Appellate Court
Luis Talavera’s conviction for trafficking in cocaine has been reversed due to procedural errors related to discovery violations. The trial court failed to conduct a necessary Richardson hearing to assess the nature of the alleged discovery violations—whether they were inadvertent or willful, trivial or substantial, and their potential prejudicial impact on trial preparation. Citing precedents (Richardson v. State; Brown v. State; Smith v. State), the appellate court emphasized that the absence of such a hearing constitutes per se reversible error. As a result, Talavera's judgment and sentence are reversed, and the case is remanded for a new trial. Judges Danahy, Scheb, and Schoonover concurred with the decision.