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BAEZ v. STATE

No. 96-2269.

699 So.2d 305 (1997)

Julio BAEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 17, 1997.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Manuel Alvarez, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Erin E. Dardis and Keith Kromash, Assistant Attorneys General, for appellee.

Before SCHWARTZ, C.J., and GODERICH and SORONDO, JJ.

SCHWARTZ, Chief Judge.

In the course of Baez's D.U.I. jury trial in the Monroe County Court, the jury returned to the courtroom at 1:30 p.m. after a lunch recess which began at noon. After further proceedings, it retired to deliberate at 4:15 p.m. An hour later, the trial judge reported as follows:

THE COURT: All right. I have a question from the jury, and I quote—you better sit down. "One of the jurors has admitted to having a couple of...

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