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GARLAND v. STATE

No. 93-2004.

634 So.2d 692 (1994)

Danny Carol GARLAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 15, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carmen F. Corrente, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

During the course of trial, which ultimately resulted in the appellant's conviction of attempted second degree murder, a juror approached the trial judge during lunch recess and was excused upon the judge's determination that he was "disoriented." Neither the appellant nor the state was present at the time of the dismissal. After the recess, an alternate juror was seated and the case proceeded without objection...

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