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CLIFF BERRY, INC. v. STATE

Nos. 3D09-389, 3D09-473.

116 So.3d 394 (2012)

CLIFF BERRY, INC., and Jeffrey Clint Smith, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 16, 2013.

Attorney(s) appearing for the Case

Akerman Senterfitt and Jonathan Goodman and Brian James , for appellant Cliff Berry, Inc.

Carlton Fields and Michael S. Pasano and Marissel Descalzo , Miami, for appellant Jeffrey Clint Smith.

Pamela Jo Bondi , Attorney General, and Rolando A. Soler , Assistant Attorney General, for appellee.

Before SUAREZ, ROTHENBERG, and LAGOA, JJ.

LAGOA, J.

Cliff Berry, Inc. ("CBI") and Jeffrey Clint Smith ("Smith") (collectively "Defendants") were each convicted by a jury and adjudicated guilty of two counts of first-degree grand theft. In this consolidated appeal of the convictions, the Defendants claim that the trial court erred in refusing to give certain requested jury instructions and in failing to conduct a timely and adequate Richardson1 hearing. We reverse

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