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FISCHER v. STATE

No. AN-456.

429 So.2d 1309 (1983)

Phillip FISCHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 4, 1983.

Attorney(s) appearing for the Case

Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Albritton, Asst. Atty. Gen., Tallahassee, for appellee.

SHIVERS, Judge.

Fischer appeals the judgment of the trial court finding him guilty of tampering with a witness. He argues that the trial was fundamentally flawed in that the alternate juror deliberated with the six regular jurors, and that the trial court erred because certain evidence admitted was unnecessarily inflammatory. We agree with appellant's first point, and therefore, reverse and remand.

Fischer was charged...

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