TELLO-LUGO v. STATE

No. 2D09-4770.

47 So.3d 968 (2010)

Francisco TELLO-LUGO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 24, 2010.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Bruce P. Taylor , Assistant Public Defender, Bartow, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Marilyn Muir Beccue , Assistant Attorney General, Tampa, for Appellee.


KHOUZAM, Judge.

Francisco Tello-Lugo appeals his judgments and sentences for three counts of lewd or lascivious battery on a child older than twelve but less than sixteen years of age. Tello-Lugo contends that the trial court erred in denying his motion for mistrial after the alternate juror was present during deliberations. We agree and reverse and remand for a new trial.

The record reflects that the trial court...

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