JACKSON v. STATE

No. 4D00-3870.

804 So.2d 357 (2001)

Everett JACKSON, Appellant, v. STATE OF Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 19, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Sophia Letts, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan Odzer Hugentugler, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, C.J.

Everett Jackson timely appeals after a jury convicted him of robbery, a lesser included offense of robbery with a firearm. He argues the trial court abused its discretion in denying Jackson a new trial where it accepted the jury's verdict as unanimous, and in not returning the jury for more deliberations. We agree and reverse.

The state showed that on the date in question, Jackson grabbed the victim's necklace and bracelet off his person. After...

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