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JAMES v. STATE

No. 5D98-3311.

751 So.2d 682 (2000)

Alton JAMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 13, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, J.

After James was convicted, following a jury trial, of aggravated assault with a firearm and carrying a concealed firearm,1 he appealed to this court. We remanded the case to the trial court to conduct an evidentiary hearing as to whether juror misconduct had occurred which was sufficient to require a new trial pursuant to Marshall v. State, 664 So.2d 302 (Fla. 3d DCA 1995), rev...

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