PERCY PAYNE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The judgment of conviction and sentence under review is reversed and the cause is remanded to the trial court with directions to award the defendant Percy Payne a new trial upon a holding that: (a) the trial court committed reversible error when, in response to a jury request made during the jury’s deliberations, the trial court sent to the jury, over a defense objection, the writ ten standard jury instruction on premeditation without also sending the entire written instructions to the jury as requested by the defense, Morgan v. State, 377 So. 2d 212 (Fla. 3d DCA 1979); Faulk v. State, 296 So. 2d 614 (Fla. 1st DCA 1974); Fla.R. Crim.P. 3.400(c); (b) the balance of the defendant’s points on appeal do not present reversible error. Reversed and remanded for a new trial.
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Avery Simmons v. State, 541 So. 2d 171 (Fla. 4th DCA 1989)…9 So. 2d 864 (Fla.1978); Lowe v. State, 500 So. 2d 578 (Fla. 4th DCA 1986). However, the rule with respect to written instructions has been held to require literal compliance. See Chappell v. State, 423 So. 2d 984 (Fla. 3d DCA 1982); Payne v. State, 395 So. 2d 284 (Fla. 3d DCA 1981); Morgan v. State, 377 So. 2d 212 (Fla. 3d DCA 1979), cert. denied, 389 So. 2d 1115 (Fla.1980). See also Faulk v. State, 296 So. 2d 614 (Fla. 1st DCA 1974). We see no reason to adopt a different interpretation of the rule, and conc…
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Zarattini v. State, 571 So. 2d 553 (Fla. 4th DCA 1990)…9 So. 2d 864 (Fla.1978); Lowe v. State, 500 So. 2d 578 (Fla. 4th DCA 1986). However, the rule with respect to written instructions has been held to require literal compliance. See Chappell v. State, 423 So. 2d 984 (Fla. 3d DCA 1982); Payne v. State, 395 So. 2d 284 (Fla. 3d DCA 1981); Morgan v. [*554] State, 377 So. 2d 212 (Fla. 3d DCA 1979), cert. denied, 389 So. 2d 1115 (Fla.1980). See also Faulk v. State, 296 So. 2d 614 (Fla. 1st DCA 1974). We see no reason to adopt a different interpretation of the rule, a…
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Turco v. Leon, 559 So. 2d 1199 (Fla. 3d DCA 1990)…400(c), Fla.R.Crim.P., which provides that a jury may take any instruction given to the jury room “but if any instruction is taken all the instructions shall be taken.”), see also Chappell v. State, 423 So. 2d 984 (Fla. 3d DCA 1982); Payne v. State, 395 So. 2d 284 (Fla. 3d DCA 1981); Simmons v. State, 541 So. 2d 171 (Fla. 4th DCA 1989); Faulk v. State, 296 So. 2d 614 (Fla. 1st DCA 1974). The evidence concerning the accident was conflicting. The presence in the jury room of only one instruction unduly emphasiz…
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- Faulk v. State, 296 So. 2d 614 (Fla. 1st DCA 1974)
- Morgan v. State, 377 So. 2d 212 (Fla. 3d DCA 1979)