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Sheppard v. State

District Court of Appeal of Florida, Second District
Dec 6, 1991
589 So. 2d 1035 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-03351.

December 6, 1991.

Appeal from the Circuit Court for Polk County; Jesse Barber, Judge.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


We affirm defendant's convictions for possession of methamphetamine and cannabis.

We do not agree with defendant's contention that reversal is required by reason of a Richardson violation which occurred through the failure of the state to produce photographs which might tend to exculpate defendant.

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

The record does not establish that such photographs were in existence and available to the state. See Demps v. State, 395 So.2d 501 (Fla. 1981).

Affirmed.

RYDER, A.C.J., and DANAHY and LEHAN, JJ., concur.


Summaries of

Sheppard v. State

District Court of Appeal of Florida, Second District
Dec 6, 1991
589 So. 2d 1035 (Fla. Dist. Ct. App. 1991)
Case details for

Sheppard v. State

Case Details

Full title:PERRY ALLEN SHEPPARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 6, 1991

Citations

589 So. 2d 1035 (Fla. Dist. Ct. App. 1991)

Citing Cases

Lawhorn v. Haley

Id. at 51-52. Actually, the Alabama Supreme Court in Sheppard v. State, 172 Ala. 363, 55 So. 514, 515 (1991)…