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SAYAN v. STATE

No. 92-0613.

606 So.2d 1237 (1992)

Melvin Douglas SAYAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing or Certification Denied November 25, 1992.

Attorney(s) appearing for the Case

Allen S. Kaufman of Law Offices of Allen S. Kaufman, P.A., Fort Lauderdale, for appellant.

No appearance for appellee.

FARMER, Judge.

In a case involving two previous hung juries, see Sayan v. State, 381 So.2d 363 (Fla. 4th DCA 1980), and where the third trial resulted in a verdict only because an Allen charge was given, we cannot possibly say about any evidence that categorically it clearly would not have produced a different result. We reverse the trial court's summary denial of rule 3...

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