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POWELL v. STATE

No. 2D04-4959.

912 So.2d 698 (2005)

Mark Anthony POWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 28, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

Mark Anthony Powell appeals his judgment and sentence for burglary of a dwelling with assault or battery, battery, and obstructing an officer without violence. Because the trial court did not conduct an adequate Richardson1 hearing, and our record does not support a conclusion that the error was harmless, we reverse and remand for a new trial.

On December 13,...

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