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MARSHALL v. STATE

No. 97-2743.

731 So.2d 165 (1999)

Phillip MARSHALL, Appellant, v. The STATE of Florida, Appellee,

District Court of Appeal of Florida, Third District.

May 5, 1999.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and John E. Morrison, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Barbara A. Zappi (Fort Lauderdale), Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

SCHWARTZ, Chief Judge.

A new trial is required in this case because of a manifest, plainly harmful violation, over the preserved objections of defense counsel, of the principles stated in Brown v. State, 719 So.2d 882 (Fla.1998) and Rios v. State, 730 So.2d 831 (Fla. 3d DCA 1999)[24 FLW D937], both of which were decided after the trial. See also State v. Emmund,

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