PORTEE v. STATE

No. 86-191.

496 So.2d 173 (1986)

Leroy PORTEE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 17, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Paul Morris, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

After the verdict finding the defendant guilty of second-degree murder was published, a poll of the jury was taken. Following the announcement by one juror that she had not joined in the verdict, the trial court undertook to remedy the situation by re-explaining to the jurors the need for unanimity.

The defendant argues on this appeal that the court's remarks and instructions, to which he did not object below, collectively constitute...

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