MERRICKS v. STATE

No. 2D00-789.

793 So.2d 119 (2001)

Adolphus MERRICKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 17, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

Adolphus Merricks appeals his conviction for sexual battery and attempted sexual battery, arguing that the trial court erred in denying his motion for mistrial based upon an improper communication between a bailiff and the jury. We agree and reverse because the bailiff answered a question submitted by the jury outside of the presence of the trial judge, defense counsel, and the prosecutor.

After the jury retired to deliberate, a juror stuck...

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