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LEWIS v. STATE

No. 98-817

726 So.2d 862 (1999)

Daniel Jewel LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 26, 1999.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Daytona Beach, for Appellant.

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

HARRIS, J.

Lewis was charged with seven counts of committing a lewd act upon a child.1 During deliberation, the jury deadlocked and so advised the court. The court gave the Allen charge and sent the jury back to the jury room. Sometime later, the jury returned a verdict convicting Lewis on two counts and acquitting him on the remaining five counts. However, during jury polling, when a juror was asked whether the verdict read by...

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