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HERNANDEZ v. STATE

No. 3D08-725.

11 So.3d 449 (2009)

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

District Court of Appeal of Florida, Third District.

June 3, 2009.

Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before RAMIREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Affirmed.

ROTHENBERG, J., and SCHWARTZ, Senior Judge, concur.

RAMIREZ, J., (dissenting).

I dissent because the State's admitted discovery violation in this case materially affected defense counsel's trial strategy and this warrants a new trial.

Abel Hernandez was convicted after a jury trial of petit theft and burglary for stealing plastic tubing inside an unoccupied dwelling. In opening statement, defense counsel told the...

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