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DIAZ v. STATE

No. 3D00-2719.

790 So.2d 546 (2001)

Laudi DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Clarification and Rehearing Denied August 17, 2001.

Attorney(s) appearing for the Case

Marisa Tinkler Mendez, for appellant.

Robert A. Butterworth, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before JORGENSON, COPE and RAMIREZ, JJ.

PER CURIAM.

Laudi Diaz appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.* We affirm in part and reverse in part.

In the sworn motion for rehearing submitted in the trial court, defendant-appellant Diaz stated that during a recess in the first day of trial, three jurors discussed the case with the bailiff, indicating that they intended to put the defendant in prison and...

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