RUBIN PRINTEMPTS, A/K/A BERNARD BERTRAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1987-04-08
No. 4-86-1265
HERSEY, C.J., and GLICKSTEIN and GUNTHER, JJ., concur.
505 So. 2d 28 Florida District Court of Appeal, Fourth District (1987) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and remand for a new trial on the authority of Taylor v. State, 498 So. 2d 943 (Fla.1986). It was reversible error for the trial court to permit the jury to separate overnight in this non-capital case where deliberation had begun and the defendant had objected to the separation.

REVERSED AND REMANDED.

HERSEY, C.J., and GLICKSTEIN and GUNTHER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Davis v. State, 559 So. 2d 630 (Fla. 4th DCA 1990)
    …was legally sufficient. Denial of a motion alleging ineffective assistance of counsel is proper where the trial court attaches portions of the record refuting the defendant’s allegations. Squires v. State, 513 So. 2d 138 (Fla.1987); Taylor v. State, 505 So. 2d 28 (Fla. 4th DCA 1987). Because the trial court failed to include those attachments, we reversed and remanded with directions to either hold an evidentiary hearing or attach to the order those portions of the record which refuted appellant’s claims.…
  • Davis v. State, 540 So. 2d 943 (Fla. 4th DCA 1989)
    …as legally sufficient, we reverse and remand with directions either to attach to the order those portions of the record which refute appellant’s claims or to hold an evi-dentiary hearing. Squires v. State, 513 So. 2d 138 (Fla.1987); Taylor v. State, 505 So. 2d 28 (Fla. 4th DCA 1987). REVERSED AND REMANDED. HERSEY, C.J., and GLICKSTEIN and WALDEN, JJ., concur.…
  • Walker v. State, 586 So. 2d 1157 (Fla. 2d DCA 1991)
    …district courts of this state. Thompson v. State, 503 So. 2d 1354 (Fla. 2d DCA 1987); Junco v. State, 510 So. 2d 909 (Fla. 3d DCA), review denied, 518 So. 2d 1276 (Fla.1987); Wiley v. State, 508 So. 2d 1336 (Fla. 1st DCA 1987); Printempts v. State, 505 So. 2d 28 (Fla. 4th DCA 1987). While we share some of the sentiments expressed by Judge Nimmons in his concurrence to Wiley, we are bound to apply the supreme court’s per se rule. We note that this rule of per se reversible error is apparently not essential…

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