RODNEY BYRD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Upon examination of the record and the state’s confession of error, the defendant’s conviction must be reversed with directions to award a new trial because when the trial court re-instructed the jury, the entire written instructions in the case were not, over objection of defense counsel, delivered to the jury as required by Florida Rule of Criminal Procedure 3.400(c). Consequently, the jury may have placed undue emphasis upon the re-instruction given. Chappell v. State, 423 So. 2d 984 (Fla. 3d DCA 1982); Morgan v. State, 377 So. 2d 212, 213 (Fla. 3d DCA 1979), cert. denied, 389 So. 2d 1115 (Fla.1980).
Reversed and remanded for a new trial.
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State v. Franklin, 618 So. 2d 171 (Fla. 1993)…0, the judge is authorized to give the jury a copy of the written instructions when it retires for deliberations. Moreover, it has been [*174] held that when a jury is given written instructions, it must be given all the instructions. Byrd v. State, 582 So. 2d 640 (Fla. 3d DCA 1991); Zarattini v. State, 571 So. 2d 553 (Fla. 4th DCA 1990). Therefore, even if defense counsel had been notified of the jury’s request, an objection to giving the jury the written instructions could not have prevailed. Because the ju…
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- Morgan v. State, 377 So. 2d 212 (Fla. 3d DCA 1979)
- Jones v. State, 423 So. 2d 984 (Fla. 4th DCA 1982)