Sexton v. State

Full title: EDDIE LEE SEXTON, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: District Court of Appeal of Florida, Second District

Date published: Sep 28, 1994

643 So. 2d 53 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-03167.

September 28, 1994.

Petition for review from the Circuit Court, Hillsborough County, Bob Anderson Mitcham, J.

Robert Fraser, Tampa, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee and Kimberly D. Nolen, Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

Petitioner seeks certiorari review of the circuit court's order compelling him to provide reciprocal discovery of matters pertaining to the penalty phase of this capital case. He essentially contends that Florida Rule of Criminal Procedure 3.220 does not apply to the penalty phase of a trial. We disagree and concur with our sister court's holding in Booker v. State, 634 So.2d 301 (Fla. 5th DCA 1994).

Petition denied.

DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.