HARPER v. STATE

No. 3D10-564.

66 So.3d 1092 (2011)

Gary HARPER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 17, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Harvey J. Sepler , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Linda S. Katz , Assistant Attorney General, for appellee.

Before WELLS, C.J., and RAMIREZ and CORTIÑAS, JJ.


RAMIREZ, J.

Gary Harper appeals his judgment of conviction and sentence. We affirm because it was within the trial court's discretion to recall a jury that had not yet been discharged in order to correct a clerical error in its verdict.

The State charged Harper with kidnapping and burglary with an assault or battery. The jury returned a verdict of guilty of the lesser count of false imprisonment, and of simple burglary. The jury read the verdict, and the court...

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