Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Parker v. State

Florida Court of Appeals, First District

September 13, 2017

NICOLE CHERI PARKER, Appellant,
v.
STATE OF FLORIDA, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

         An appeal from the Circuit Court for Okaloosa County. Michael Flowers, Judge.

          Bert Moore, The Moore Law Office, Crestview, for Appellant.

          Pamela Jo Bondi, Attorney General, and Tayo Popoola, Assistant Attorney General, Tallahassee, for Appellee.

          PER CURIAM.

         Nicole Cheri Parker appeals, on multiple grounds, her conviction for aggravated battery with great bodily harm and with a weapon. Of her claims, we write to address only the assertion that the trial court committed reversible error in failing to conduct an adequate Richardson hearing. See Richardson v. State, 246 So.2d 771 (Fla. 1971). On this point, we agree with Nicole Parker, and reverse and remand for a new trial.

         Nicole Parker's conviction is related to an incident that took place at the residence of Candice Day. Nicole Parker was convicted of cutting the throat of Wade Parker (her estranged husband) during an altercation between Wade Parker and another acquaintance, Donald Jesperson. Testimony from eyewitnesses established that while Wade Parker was in a fighting hold with Jesperson, Nicole Parker jumped on Wade Parker's back. Subsequently, Wade Parker's throat was cut with a knife. Conflicting testimony was presented at trial as to who committed the offense.

         Candice Day testified at trial, that during the fight, Nicole Parker came running into her bedroom, grabbed a knife, and ran out. She also testified that Nicole Parker came back in the room shortly after and said, "Candice, I swear to God I didn't cut [Wade]." Day's trial testimony was significantly different from the statement she gave to police immediately following the incident. During cross-examination, defense counsel established that Day's sworn statement to the police did not include any mention of Nicole Parker grabbing a knife from the bedroom, nor did it include the statement upon re-entering the bedroom. Day confirmed that her prior sworn statement did not allege these facts. She emphasized the State became aware of the additional facts during a pre-trial meeting. She testified:

I know what it says. And I talked to Ms. Torres (prosecutor) about it. I was under the impression that I was going to be questioned by investigators, like they did everybody else. And at that point I was scared because she had not been found. And it's better for me to tell my statement than write it.

         The State did not notify defense counsel prior to trial of the expected changes to Day's testimony.

         Following cross-examination of Day, defense counsel timely objected and argued the State committed a discovery violation by not advising of the change in Day's testimony prior to trial. In response, the trial court focused on whether Day had recanted anything in her original statement or had merely added to it at trial. Finding Day merely supplemented her earlier testimony, the trial court denied defense counsel's objection without further explanation or inquiry.

         Richardson Hearing

         Once on notice of a potential discovery violation, the trial court initiates the Richardson inquiry as follows: 1) the court must determine whether a discovery rule has been violated; and 2) if the court finds a violation, it must assess whether the violation was inadvertent or willful, trivial or substantial, and whether it has prejudiced the opposing party's ability to prepare for trial. Johnson v. State, 25 So.3d 662, 665 (Fla. 1st DCA 2010); Richardson, 246 So.2d at 775.

         In the present case, defense counsel placed the trial court on notice that a possible discovery violation had occurred, which triggered a Richardson inquiry. Following a brief discussion, the trial court denied defense counsel's objection to Day's testimony. The trial court did not address step two of the Richardson analysis; thus, presumptively finding that the State did not commit a discovery violation. "Where a trial court rules that no discovery violation occurred, the reviewing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.