Brian K. SMITH, Appellant,
STATE of Florida, Appellee.
Rehearing Denied November 13, 2019
[Copyrighted Material Omitted]
from the Circuit Court for the Nineteenth Judicial Circuit,
Indian River 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 Appellants arguments; the
third is affirmed without discussion. First, we conclude the
trial court did not fail to conduct an adequate
Richardson  hearing into the States 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 courts 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 stores 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.
Appellant 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 Appellants 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 States alleged ...