Gomez v. State

Full title: Luis A. Gomez, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Jan 26, 2022

No. 3D21-1566 (Fla. Dist. Ct. App. Jan. 26, 2022)

Opinion

3D21-1566

01-26-2022

Luis A. Gomez, Appellant, v. The State of Florida, Appellee.

Luis A. Gomez, in proper person. Ashley Moody, Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. F16-11036A, Marlene Fernandez-Karavetsos, Judge.

Luis A. Gomez, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, GORDO and BOKOR, JJ.

PER CURIAM.

Affirmed. Smith v. State, 889 So.2d 1009, 1010 (Fla. 3d DCA 2004) (denying a petition for a writ of mandamus where the defendant's counsel "represent[ed] that he ha[d] no such documents."); Johnson v. State, 304 So.3d 1226, 1226 (Fla. 3d DCA 2019); Simmons v. State, 40 So.3d 874, 875 (Fla. 3d DCA 2010) ("[A]ttorneys may only be required to turn over documents which actually exist and are in their possession."); Harrell v. State, 963 So.2d 359, 360 (Fla. 2d DCA 2007) (noting that "the majority of the documents requested typically reside in the court file and can be obtained from the clerk of court"); Elghomari v. State, 66 So.3d 416, 420 (Fla. 4th DCA 2011) ("Florida Rule of Criminal Procedure 3.220(b)(1)(B) requires the state to disclose to the defendant 'the statement of any person' who is a witness.") (emphasis added).