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WALLACE v. STATE

No. 94-640.

650 So.2d 95 (1995)

Bobby L. WALLACE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 24, 1995.

Attorney(s) appearing for the Case

Garrick N. Fox of Fox, Brewer and Branson, PA, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kristen L. Davenport, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Wallace appeals from his judgments and sentences for three counts of sexual battery.1 One issue raised on appeal is dispositive and requires us to reverse this cause for a new trial. It appears to be a per se reversible error for a trial judge to absent him or herself from the courtroom when communications are being received by, or made to, the jury.

In this case, during jury deliberations, the jury asked a specific...

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