dissenting.
I respectfully dissent from the majority opinion in this case. The trial judge denied appellant’s motion for mistrial based upon the fact that copies of certain tapes were not furnished to him. The State had in fact permitted appellant to listen to the tapes. When appellant asked for a continuance in order to make copies and transcripts of the tapes, the State objected on the ground that there were no material differences between the tapes and the video tape statements which defense counsel already had.
In addition, the State argued the tapes were work products of the prosecutor which involved ongoing related prostitution cases. The release of this information would jeopardize further investigation in those cases. The State demonstrated to the trial judge that appellant had in fact received all of the information which was pertinent in his case and that the additional material requested by appellant contained information that would jeopardize investigations in other cases. Under the circumstances, the trial judge was correct in refusing to grant a mistrial or to grant a continuance in the case.
State ex rel. Keaton v. Circuit Court of Rush County (1985), Ind., 475 N.E.2d 1146, cited by the majority, should be followed and the trial court should be affirmed.
PIVARNIK, J., concurs.