DIAZ v. STATE

No. 82-827.

435 So.2d 911 (1983)

Reynaldo Andres DIAZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 24, 1983.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee.


BERANEK, Judge.

Appellant was charged in a three count information with burglary, sexual battery, and robbery. At the close of trial, the jury began its deliberations, and after approximately three hours reported a deadlock. Defense counsel was absent from the courthouse and the trial court conferred with him by telephone. Pursuant to counsel's consent and a waiver of his presence, the trial court gave the jury an Allen charge in defendant's presence but with his...

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