C.H., a juvenile, Appellant/Cross-Appellee, v. STATE (2024)

C.H., a juvenile, appeals from a final order withholding adjudication of delinquency and placing him on probation for first-degree misdemeanor battery and second-degree misdemeanor assault. C.H.’s sole argument on appeal is that the trial court failed to conduct an adequate Richardson ¹ inquiry. The State disclosed witness statements to the defense during discovery that stated C.H. repeatedly threatened to kill his mother as he charged her brandishing a metal pipe. The witness testimony at trial, however, was that, when threatening to kill his mother, C.H. referred to her using two vulgar words. Even if the State's failure to disclose these two words constituted a discovery violation, an issue we do not reach, the State's failure to disclose in these circumstances did not “materially hinder[ ] the defense” because the two words were merely cumulative given the enormity of C.H.’s threats. State v. Schopp, 653 So. 2d 1016, 1020 (Fla. 1995).

Affirmed.

FOOTNOTES

1.   Richardson v. State, 246 So. 2d 771 (Fla. 1971).

LOGUE, C.J.