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RUTH v. STATE

No. 3D04-264.

904 So.2d 580 (2005)

Eddie RUTH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 15, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Leslie Scalley, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before LEVY, C.J., and RAMIREZ, and SUAREZ, JJ.

PER CURIAM.

Eddie Ruth appeals his conviction and sentence arguing that the trial court failed to conduct an adequate Richardson1 hearing. We disagree.

The trial court first gave both sides an opportunity to discuss the nature of the discovery violation. The court heard argument from the State as to the inadvertent nature of the discovery violation and heard argument from both sides as to any prejudice to Ruth. Only at the...

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