McDERMOTT v. STATE

No. 80-449.

383 So.2d 712 (1980)

Basil McDERMOTT, Petitioner, v. The STATE of Florida and the Honorable Frederick Barad, Respondents.

District Court of Appeal of Florida, Third District.

May 6, 1980.


Attorney(s) appearing for the Case

Albert Zemlock and Jerold Feuer, Miami, for petitioner.

Janet Reno, State's Atty. and Kurt Lyle Marmar, Asst. State's Atty., for respondents.

Before HENDRY, NESBITT and BASKIN, JJ.


NESBITT, Judge.

The issue before us is whether there was such undue separation of the jury between the time it was impaneled and sworn to try a criminal case and the time the case was actually set for trial so as to warrant the defendant's discharge. Because of the unique circumstances presented, we determine that there was an undue separation of the jury and quash the trial court's order which denied the defendant's motion for discharge.

On November 1, 1979...

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