LAMADRID v. STATE

No. 82-1754.

437 So.2d 208 (1983)

Miguel LAMADRID, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 13, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Julian S. Mack, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HENDRY, HUBBART and JORGENSON, JJ.


PER CURIAM.

Appellant, Miguel Lamadrid, appeals his conviction and sentence for the offense of aggravated battery.

The principal point for our consideration is whether the trial court erred in failing to grant a mistrial where the alternate juror was not timely discharged and was present during jury deliberations. We find error and reverse.

Rule 3.280(a), Florida Rules of Criminal Procedure states in pertinent part:

Except as hereinafter provided...

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