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State v. Eaton3/19/2004
that's it." The trial court determined the discovery violation was willful. As a result, it excluded the results from evidence. [FN3]
FN3. Because the trial court excluded the evidence on the discovery violation ground, it never reached the merits of Eaton's second argument-- that the blood alcohol test results had been obtained in violation of section 395.3025(4)(d).
*653 Exclusion of evidence can be a permissible sanction when the trial court determines there has been a discovery violation. Fla. R.Crim. P. 3.220(n). When the trial court learns of a possible discovery violation, it must conduct a hearing pursuant to Richardson v. State, 246 So.2d 771, 775 (Fla.1971). State v. Evans, 770 So.2d 1174 (Fla.2000). The purpose of a Richardson hearing is to determine "whether the violation (1) was willful or inadvertent; (2) was substantial or trivial; and (3) had a prejudicial effect on the aggrieved party's trial preparation." Id. at 1183; accord Sims v. State, 681 So.2d 1112, 1114 (Fla.1996); Hayden v. State, 760 So.2d 1031, 1033 (Fla. 2d DCA 2000). After considering these factors and finding a Richardson violation, the trial court has discretion to choose an appropriate remedy or sanction. Hayden, 760 So.2d at 1033.
The extreme sanction of excluding evidence, however, should be used only as a last resort. Livigni v. State, 725 So.2d 1150, 1151 (Fla. 2d DCA 1998); State v. Schwartz, 605 So.2d 1000 (Fla. 2d DCA 1992); Wilkerson v. State, 461 So.2d 1376, 1379 (Fla. 1st DCA 1985). "Relevant evidence should not be excluded from the jury unless no other remedy suffices, and it is incumbent upon the trial court to conduct an adequate inquiry to determine whether other reasonable alternatives can be employed to overcome or mitigate any possible prejudice." Wilkerson, 461 So.2d at 1379 (citing Austin v. State, 461 So.2d 1380 (Fla. 1st DCA 1984)).
A motion to suppress hearing generally is not used in lieu of a Richardson hearing because prejudice to the aggrieved party, one of the factors the trial court must consider, is exceedingly difficult to prove on a pretrial motion such as a motion to suppress. Here, the trial court used the motion to suppress hearing to consider the Richardson factors and determined that the discovery violation was willful. However, the order granting the motion to suppress does not indicate that the trial court found Eaton was prejudiced by the discovery violation. Although prejudice may have arisen had the evidence been introduced midtrial, any prejudice caused by the State's failure could have been easily remedied by simply furnishing Eaton with the results and continuing the trial, if necessary.
Moreover, the trial court departed from the essential requirements of the law when it simply suppressed the evidence without considering other, less drastic sanctions such as ordering the State to provide the test results and continuing the trial. See Schwartz, 605 So.2d at 1001. A continuance would not have prejudiced Eaton because he was out of custody, had waived speedy trial, and had once received a continuance.
We therefore grant the petition for writ of certiorari and quash the order suppressing the blood alcohol test results on this ground. We do so without prejudice to Eaton to advance other arguments in favor of his motion to suppress. If the evidence is not suppressed, the trial court may consider alternative sanctions pursuant to rule 3.220(n).
Petition granted; order quashed; and cause remanded.
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