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VAN NOTE v. STATE

No. 77-1738.

366 So.2d 78 (1978)

David VAN NOTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 7, 1979.

Attorney(s) appearing for the Case

Kerry J. Nahoom, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and John C. Cecilian, Asst. Atty. Gen., West Palm Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a judgment and sentence in a burglary and sexual battery case. We reverse and remand for a new trial.

During the trial judge's preliminary remarks to the jury venire he said:

We are here to try a case. We are here to get a verdict in the trial of this case as to each charge. It takes a unanimous verdict from all six people that the defendant is guilty before he can be found guilty or that the Defendant is innocent...

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