STATE v. THOMAS

No. 80-1923.

405 So.2d 220 (1981)

The STATE of Florida, Appellant, v. Moses THOMAS, Appellee.

District Court of Appeal of Florida, Third District.

October 13, 1981.


Attorney(s) appearing for the Case

Janet Reno, State Atty. and Arthur Joel Berger, Asst. State Atty., for appellant.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellee.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.


BARKDULL, Judge.

The State appeals from an order of the Dade County Circuit Court granting a new trial to Moses Thomas.

Thomas was tried before a six-member jury on the charges of aggravated battery and the unlawful possession of a firearm while engaged in a criminal offense. Upon retiring to consider the evidence, the jury was instructed by the court that its verdict "... must be unanimous ... [and] ... must be the verdict of each juror as well as the jury...

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