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HERNANDEZ v. STATE

No. 3D02-1726.

851 So.2d 892 (2003)

Maria HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 13, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant.

Charles J. Crist, Attorney General, and Marni A. Bryson, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and RAMIREZ, J., and NESBITT, Senior Judge.

ON MOTION FOR CLARIFICATION

RAMIREZ, J.

We grant appellant Maria Hernandez's Motion for Clarification and substitute the following opinion for our prior opinion dated June 25, 2003.

Hernandez appeals her conviction and sentence to fifteen years in prison for burglary of an occupied dwelling and petit theft. Because the trial court failed to conduct a Richardson1 hearing and gave an erroneous, albeit unobjected...

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