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NEIMEYER v. STATE

No. 78-1247.

378 So.2d 818 (1979)

Walter Robert NEIMEYER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

As Corrected On Denial of Rehearing January 10, 1980.

Attorney(s) appearing for the Case

Robert O. Bauer, Jr., St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Judge.

The question raised by this appeal is whether the trial judge erred in not conducting an adequate hearing pursuant to Richardson v. State, 246 So.2d 771 (Fla. 1971) upon appellant's assertion that the state had not promptly disclosed discovery information as required by Florida Rules of Criminal Procedure 3.220. We hold that the trial judge did err in not conducting an adequate hearing on the discovery violation...

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