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LACY v. STATE

Nos. 81-1626, 81-1627.

435 So.2d 353 (1983)

Willie B. LACY, Appellant, v. STATE of Florida, Appellee. Elbert LACY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 27, 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 Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand for a new trial on the authority of White v. State, 365 So.2d 199 (Fla. 2d DCA 1978). We also believe a new trial is warranted by reason of the prosecutor's improper private conversation with one of the jurors and his failure to disclose that conversation to the court.

REVERSED and REMANDED for a new trial.

ANSTEAD, C.J., and BERANEK and HURLEY...

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