OPINION
BENCH, Presiding Judge:
Defendant Caesar Swain appeals his conviction of theft. We reverse and remand for a new trial.
I. FACTS
Defendant's conviction arises from the burglary of Karl and Lois Macfarlane's home on February 2, 1990. Defendant was charged with burglary and theft, both second degree felonies.
The matter was tried before a jury. After the court impaneled the jury, it took a short recess. During the recess, one...
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