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MORGAN v. STATE

No. 67,390.

492 So.2d 1072 (1986)

Stanley MORGAN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied November 14, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for petitioner.

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for respondent.

PER CURIAM.

We have for review a decision from the Third District Court of Appeal, Morgan v. State, 471 So.2d 1336 (Fla. 3d DCA 1985), affirming the lower court's denial of defendant's request for a new trial. The request for a new trial was premised upon the fact that the defendant was not present when the judge responded to the jury's request for additional instructions. In denying the request for a new trial, the district...

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