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DORCH v. STATE

No. 4D02-440.

848 So.2d 455 (2003)

Edward DORCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 2, 2003.

Attorney(s) appearing for the Case

Glenn H. Mitchell, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction for aggravated assault. We reject appellant's contention that fundamental error occurred when the court received the jury verdict in his absence. By his failure to notify either the bailiff or his lawyer of his whereabouts during a recess, appellant voluntarily absented himself from the presence of the court within the meaning of Florida Rule of Criminal Procedure 3.180(c). Appellant's attorney did not object to the taking...

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