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STATE v. BROWN

No. 96-562.

678 So.2d 849 (1996)

The STATE of Florida, Petitioner, v. David Dwayne BROWN, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 18, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Katherine Fernandez Rundle, State Attorney, and Anita J. Gay, Assistant State Attorney, for petitioner.

John H. Lipinski, Hollywood, for respondent.

Before COPE, LEVY and FLETCHER, JJ.

COPE, Judge.

The state petitions for a writ of certiorari to quash an order of the trial court reinstating a jury verdict in a criminal case. We grant the petition.

The defendant-respondent David Dwayne Brown was charged with sexual battery.1 The jury verdict form found defendant guilty of battery, as a lesser included offense. The jury was polled and the jurors each stated that it was their verdict.

Thereafter, as the...

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