EVANS v. STATE

No. 4D05-4429.

939 So.2d 168 (2006)

ROBERT W. EVANS III, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 4, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Jeffrey Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

After the jury began deliberations in this criminal trial, the presiding judge received a note from a juror stating that she knew one of the witnesses who testified during the trial. The court dismissed the juror. Unable to contact the alternate juror, the court informed the defendant that he could agree to continuing the trial with five jurors or ending it with a mistrial. The court allowed the defendant an opportunity to confer with counsel about his...

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