CHAVERS v. STATE

No. 4D01-2044.

827 So.2d 279 (2002)

Chauncey CHAVERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 21, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

After the state rested its case of aggravated assault and aggravated battery, a juror revealed to the court that he had recently read an article about the fallibility of eye witness identification testimony and that he would be "biased against an eye witness" who was testifying as to identification of a person. The trial court replaced the juror with an alternate over appellant's objection, and appellant argues that his conviction violates double jeopardy...

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