CHAVIANO v. STATE

No. 3D10-2000.

75 So.3d 1291 (2011)

Randy CHAVIANO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 28, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Harvey J. Sepler , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Magaly Rodriguez , Assistant Attorney General, for appellee.

Before SUAREZ, ROTHENBERG, and LAGOA, JJ.


CONFESSION OF ERROR

LAGOA, J.

Appellant Randy Chaviano ("Chaviano") appeals from his conviction and sentence for second degree murder and possession of drugs with intent to sell. We vacate the judgment and sentence under review, and remand the case to the trial court to conduct a new trial.

In 2009, after an eight-day trial, Chaviano was convicted of second degree murder and possession of drugs with intent to sell. However, with the exception...

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