SLOAN v. STATE

No. 82-1946.

438 So.2d 888 (1983)

Robert W. SLOAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 16, 1983.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Judge.

This appeal poses the question of whether the court was obligated to declare a mistrial when it was discovered that an alternate juror had sat in on a portion of the jury's final deliberations.

Appellant was charged with grand theft, the use of a firearm in the commission of a felony, and possession of a firearm by a convicted felon. Following receipt of the court's instructions, the jury retired to consider its verdict. At this point the judge...

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