GAMBLE v. STATE

No. 96-1923.

696 So.2d 420 (1997)

Daniel GAMBLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 27, 1997.


Attorney(s) appearing for the Case

Stephen R. Jewett of Steven R. Jewett, Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


DAUKSCH, Judge.

This is an appeal from a conviction in a criminal case.

Appellant was being tried for various narcotics-related charges when one of the jurors became incapacitated and was excused. This left only five jurors to decide appellant's case. The case proceeded to verdict upon receiving a waiver of appellant's rights by his lawyer.

The accused was not informed by the court of his constitutionally mandated right to a six-person jury, nor was...

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