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GUARDIOLA v. STATE

No. 2D04-4492.

951 So.2d 997 (2007)

Jose Alfredo GUARDIOLA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 16, 2007.

Attorney(s) appearing for the Case

Rudolph C. Campbell, Tampa, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

This appeal proceeds pursuant to our decision in Guardiola v. State, 884 So.2d 140 (Fla. 2d DCA 2004) (Guardiola I), in which we granted Jose Guardiola a new appeal of his judgment and sentence for aggravated battery with a firearm due to ineffective assistance of appellate counsel in his initial appeal. In this new appeal, Guardiola presents two issues: (1) that the trial court erred in failing to...

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