WALLACE v. STATE

No. 97-00955.

722 So.2d 913 (1998)

Roy WALLACE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 9, 1998.


Attorney(s) appearing for the Case

Terrence E. Kehoe of Law Offices of Terrence Kehoe, Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Roy Wallace challenges his conviction for possession of marijuana, cocaine and drug paraphernalia on several grounds. We reject his argument that the evidence was insufficient to support his conviction. But we hold that the trial court erred by permitting the trial to proceed with only five jurors. Accordingly, we reverse Wallace's conviction and remand for a new trial. Our resolution of this issue obviates discussing Wallace's other points on appeal...

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