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MATTIA v. STATE

No. 2D04-3197.

907 So.2d 683 (2005)

Richard Michael MATTIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 29, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

Richard Michael Mattia appeals his convictions and sentences and the trial court's order denying his motion to withdraw plea filed pursuant to Florida Rule of Criminal Procedure 3.170(l). We affirm without comment the convictions and sentences, but we reverse the order denying the motion to withdraw plea because the trial court conducted an evidentiary hearing on the motion in Mattia's absence and without Mattia waiving his right to be present...

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