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ARMSTRONG v. STATE

No. 81-1241.

426 So.2d 1173 (1983)

Bruce Michael ARMSTRONG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 9, 1983.

Attorney(s) appearing for the Case

Garrett L. Briggs, of Adams & Briggs, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Armstrong appeals from a judgment and sentence for attempting to operate an aircraft in a reckless manner.1 Armstrong contends that a jury separation of some fifty-two days during his trial shows the existence of circumstances capable of prejudicing the deliberative functions of the jury. We agree and reverse and remand for a new trial.

The jury in this cause was impaneled on June 15, 1981, and opening...

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