VALLADARES V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 MAXIMO N. VALLADARES, ** Appellant, ** vs. ** THE STATE OF FLORIDA, CASE NO. 3D02-2893 ** Appellee. ** LOWER TRIBUNAL NO. 97-36232 ** Opinion filed November 24, 2004. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Bennett H. Brummer, Public Defender, and Todd G. Scher, Special Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee. Before COPE and GODERICH, JJ., and NESBITT, Senior Judge. PER CURIAM. Maximo degree N. murder, burglary. Valladares attempted We affirm. appeals first his convictions degree murder, for and first armed The trial court correctly excluded the testimony of the defense witness, Dr. Alexander Roy. ruled that the proposed The trial court correctly testimony amounted to a defense diminished capacity, which is not recognized in Florida. of See State v. Bias, 653 So. 2d 380, 382-83 (Fla. 1995); Chestnut v. State, 538 So. 2d 820, 824 (Fla. 1989). Defendant-appellant Valladares argues that once the court decided to exclude Dr. Roy testimony, the court should have granted a mistrial because the defense case had been prepared on the premise carefully that Dr. considered Roy the would motion testify. for The mistrial trial and court correctly concluded that, to the extent the defense may have proceeded differently excluded, had the circumstances it known defendant of this that was case, Dr. not the Roy s harmed testimony thereby. denial mistrial was within the court s discretion. of the would be Under the motion for See Chamberlain v. State, 881 So. 2d 1087, 1098 (Fla. 2004); Smithers v. State, 826 So. 2d 916, 930 (Fla. 2002). The defendant complains of a discovery violation by the State. The trial court ruled in the defendant s favor on this point and granted an appropriate remedy. 581 So. 2d 926, 928 (Fla. 3d DCA 1991). See Cohen v. State, As an appropriate remedy was ordered, there is no reversible error. 2 The trial court correctly denied the motion for judgment of acquittal with regard to the charge of attempted first degree murder of Lazaro Valladares. Viewing the evidence required light, the evidence was legally sufficient. v. State, 830 So. 2d 792, 803 (Fla. 2002). Affirmed. 3 in the See Pagan
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