KOGAN, Justice.
The state appeals an order granting a new penalty phase in the capital trial of Thewell Eugene Hamilton. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. See § 924.07(1)(b), Fla. Stat. (1989) (state may appeal new-trial order). The sole issue in this case is whether the jury's recommendation during the penalty phase must be set aside because unauthorized publications were present in the jury room during deliberations.
The...
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