BRIAN K. SMITH, Appellant,
STATE OF FLORIDA, Appellee.
final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Nineteenth Judicial Circuit,
St. Lucie County; Cynthia L. Cox, Judge; L.T. Case No.
Haughwout, Public Defender, and Jeffrey L. Anderson,
Assistant Public Defender, West Palm Beach, for appellant.
Moody, Attorney General, Tallahassee, and Richard Valuntas,
Assistant Attorney General, West Palm Beach, for appellee.
was convicted for multiple offenses associated with his
robbery of a supermarket. He now raises three issues on
appeal. We write to address two of Appellant's arguments;
the third is affirmed without discussion. First, we conclude
the trial court did not fail to conduct an adequate
Richardson hearing into the State's discovery
violation to determine procedural prejudice to Appellant.
Second, we conclude that when the trial court instructed the
jury on the lesser-included offense of false imprisonment, it
did not reversibly err in including restraint as an element
of the offense. Accordingly, the trial court's judgment
and sentence are affirmed.
ten minutes before the supermarket closed, Appellant stormed
into the store, armed with a semiautomatic pistol and
carrying a black backpack. He pointed the pistol at the five
people inside the store and directed them to place their
phones on the floor and go into the store's cash office,
before closing the door behind them. Inside the cash office,
he directed the store manager to open the safe and put its
contents (about $3, 000) into the black backpack.
then took the black backpack, directed the victims to stay
inside the cash office for at least five minutes after he
left, closed the door to the cash office and ran out of the
store. As he ran through the parking lot, he encountered a
store employee arriving for work. At gunpoint, he ordered the
employee into the store. Shortly thereafter, the victims
emerged from the cash office and called 911 to report the
robbery. By this time, Appellant had driven off. In response
to the 911 call, police were alerted about the robbery and
pursued Appellant's truck through local and neighborhood
roads, before apprehending him.
State ultimately charged and tried Appellant for robbery with
a deadly weapon while wearing a mask; six counts of
kidnapping while armed and masked; and fleeing and eluding.
He was tried separately for possession of a firearm by a
The State's alleged discovery violation
trial, the primary issue was identity-whether Appellant was
the robber. In preparation for trial, the State prepared two
map diagrams ("the maps") illustrating the flight
route which Appellant took in his attempt to evade the
police. The maps also depicted the locations of various
items, such as the gun and the backpack filled with money,
which had been found along the flight route. Although the
maps were prepared before trial and the State intended to use
the maps in presenting its case, the State did not disclose
the maps to the defense during discovery.
defense claimed that the State's failure to disclose the
maps constituted a discovery violation. Specifically, it
asserted that the State had violated Florida Rule of Criminal
Procedure 3.220(b)(1)(K), which requires the State to
disclose, within 15 days after service of the notice of
discovery, any tangible papers or objects intended for use at
trial that are not obtained from or do not belong to the
defendant, so that the defense may inspect, copy, test or
photograph the material. In response, the State argued that
the maps simply memorialized what was already in discovery,
and therefore, the maps could not be prejudicial.
trial court held a Richardson hearing and ruled that
the State's nondisclosure of the maps was inadvertent and
trivial, and that the nondisclosure was not an attempt to
hide anything from the defense because the maps were
"just a culmination and a demonstrative aid of"
evidence the defense had already received. Ultimately, the
court allowed the State to use both maps in its case in
chief, subject to the defense's ability to cross-examine