Chaubert Francois v. St

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CHAUBERT FRANCOIS, Appellant, v. Case No. 5D12-2167 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 9, 2013 Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge. James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. COHEN, J. Chaubert Francois appeals from the judgment and sentence entered after a jury found him guilty of burglary of a dwelling. While the trial court erred in failing to conduct a Richardson1 hearing, under the facts of this case where Francois and his codefendant were observed by law enforcement kicking in the front door of the dwelling 1 Richardson v. State, 246 So. 2d 771 (Fla. 1971). and were apprehended upon fleeing from the home the error was harmless.2 See State v. Schopp, 653 So. 2d 1016, 1020 (Fla. 1995). Accordingly, we affirm. AFFIRMED. GRIFFIN and LAWSON, JJ., concur. 2 We do not condone the actions of the assistant state attorney, who, two days before trial, became aware of the existence of discoverable material possessed by an agency other than that which effectuated the arrest in the case, and yet failed to disclose that information to the defense. See Fla. R. Crim. P. 3.220(b). 2

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