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STATE v. DEVONEY

No. 95-904.

675 So.2d 155 (1996)

STATE of Florida, Appellant, v. Peter D. DEVONEY, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion Denying Rehearing June 21, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robin Compton Jones, Assistant Attorney General, Daytona Beach, for Appellant.

James R. Valerino, of Cotter, Valerino & Zelman, P.A., Winter Park, for Appellee.

GRIFFIN, Judge.

The state appeals an order of the lower court granting a new trial to the defendant, Peter Devoney ["Devoney"], after he was found guilty by a jury of causing serious bodily injury to one victim and the death of another while driving under the influence of alcohol. The lower court granted Devoney's motion for new trial based on the testimony of one juror that the jury, during its deliberations, disregarded an instruction by the lower court and considered...

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