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When prosecutors fail to disclose critical evidence — especially forensic evidence like DNA — it can deprive a defendant of a fair trial. And you might be thinking that is obvious, however, some people don’t realize that omitting critical information from a report is also withholding evidence. That’s exactly what happened in a recent decision from the Florida Fourth District Court of Appeal in Carlos Macias v. State, No. 4D2024-1360 (Dec. 19, 2025), where the court reversed a conviction for lewd or lascivious molestation and ordered a new trial because of a discovery violation and the trial court’s failure to hold a required Richardson hearing.
Case Summary: What Happened?
The defendant was charged with lewd or lascivious molestation of a 13-year-old based on testimony she said he had touched her genital area over her clothing while she sat in a vehicle.
Before trial, the State disclosed a DNA lab report, but that report failed to mention a key finding — the presence of unknown male DNA on the victim’s shorts. Instead, the report mentioned only the victim’s DNA.
The prosecutor then told the jury in opening statements that male DNA was present — a claim that was not in any discovery documents provided to the defense. Defense counsel immediately objected and requested a Richardson hearing. The trial court refused, saying no discovery violation had occurred, and allowed the case to proceed.
The jury convicted. The defendant appealed.
Why the Court Reversed the Conviction
1. The State Committed a Discovery Violation
Under Florida Rule of Criminal Procedure 3.220(b)(1)(J), the State must disclose expert reports and results of scientific tests in its possession. And under Rule 3.220(j), the State must promptly disclose new evidence that comes to light after initial discovery.
In this case:
- The DNA analyst found male DNA on the victim’s shorts, but that detail was left out of the report provided to defense counsel.
- The prosecutor learned of that finding before trial but never supplemented discovery to alert the defense.
Failing to disclose that finding before trial — particularly when the State used it in opening and closing arguments — was a discovery violation.
Importantly, the appellate court ruled that an omission of required information can be just as harmful as an incorrect disclosure.
2. The Trial Court Should Have Held a Richardson Hearing
When the defense raises a possible discovery violation, Florida law requires a Richardson hearing to assess:
- Whether the violation was willful or inadvertent,
- Whether it was substantial or trivial, and
- Whether it prejudiced the defense’s ability to prepare for trial.
Here, the trial court refused to conduct that hearing, concluding incorrectly that there was no violation. The appellate court said that was error.
Why This Rulings Matters for Florida Criminal Defense
This decision reinforces several critical principles:
✔️ Prosecutors must disclose complete forensic results. Scientific test results are not optional — they must be shared with the defense.
✔️ Continuing duty to supplement discovery. If the State learns of new evidence, it must disclose it immediately.
✔️ Richardson hearings protect due process. When the defense raises an issue, the trial court must evaluate it before trial goes forward.
✔️ Late disclosure can affect trial strategy and expert preparation. Defense counsel is entitled to time to respond meaningfully, including consulting experts and tailoring cross-examination.
Because the defense was deprived of that opportunity, the Fourth DCA found the error was not harmless and reversed the conviction, remanding for a new trial.
Final Thoughts for Florida Defendants
If you’re facing a serious sex offense or other felony charge in Florida, your defense team has a right to complete and timely discovery — especially of DNA or other forensic evidence.
Failing to disclose critical evidence harms your ability to prepare, interview witnesses, retain experts, and make informed decisions about your case. Courts take those rules seriously — as this decision shows.
If you believe your rights to discovery or a fair trial have been violated, contact an experienced Florida criminal defense attorney right away.
About Landsman Law — Florida Criminal Defense Attorney
At Landsman Law, we defend individuals charged with:
- Sex crimes (including lewd or lascivious molestation)
- DUI/BUI
- Drug offenses
- Violent crimes
- Assault, Battery, and Domestic Battery
- Theft and property crimes
- Traffic Offenses
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Why Retaining an Attorney Matters
Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Bradford County, Levy County, Gilchrist County, Marion and surrounding areas of north Florida. If you need help for yourself or a loved one, contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW
If you’re accused of any criminal matter, retaining an attorney is critical to protecting your rights. These cases will involve constitutional questions and concern allegations of misconduct or are sensitive in nature, requiring a skill, preparation and experience. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.