ROOSEVELT FRANKLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Roosevelt Franklin appeals his conviction for burglary of a dwelling. The trial court violated Florida Rule of Criminal Procedure 3.410 by giving the jury a copy of written jury instructions in response to their question without first notifying counsel, constituting per se reversible error requiring a new trial.
Yes. The trial court violated Florida Rule of Criminal Procedure 3.410 by delivering written instructions to the jury without prior notice to counsel, which constitutes per se reversible error. The harmless error doctrine is inapplicable to such violations.
[1] A trial court commits per se reversible error by providing the jury with written instructions in response to a request for additional instructions without first notifying…
[2] A jury's request for a portion of the jury instructions constitutes a request for additional instructions under Florida Rule of Criminal Procedure 3.410.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After the jurors have retired to consider their verdict, if they request additional instructions or to have any testimony read to them they shall be conducted into the courtroom by the officer who has them in charge and the court may give them such additional instructions or may order such testimony read to them. Such instructions shall be given and such testimony read only after notice to the prosecuting attorney and to counsel for the defendant.”
Florida Rule of Criminal Procedure 3.410, establishing the mandatory requirement for notice to counsel before providing additional instructions to the jury
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAfter the jury retired to deliberate, they submitted a question asking to hear or see the portion of jury instructions concerning inferences that may …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Per Se Reversible Error cases and more on FLexlaw
ERVIN, Judge.
Appellant, Roosevelt Franklin, appeals his conviction and sentence for burglary of a dwelling. We affirm without comment Franklin’s first two issues, but, as to the third issue, we reverse and remand for new trial because the trial court erroneously submitted a copy of the jury instructions to the jurors without first consulting with the attorneys.
After retiring to deliberate, the jury submitted the following question to the court:
Could we hear or see that portion of the instructions to the jury concerning inferences that may be used to conclude guilt of burglary of a dwelling? There was an element concerning observing an individual in possession of items taken from the dwelling.
Without notifying either counsel, the trial judge gave a copy of the entire set of written instructions in the case to the jury, which thereafter returned a verdict of guilty of burglary of a dwelling and of the lesser included offense of petit theft.
This case appears to be controlled by Williams v. State, 488 So. 2d 62 (Fla.1986), in which the jury, after retiring for deliber ations, asked the bailiff for a copy of the jury instructions. Without advising the attorneys of the jury’s request, the judge told the jurors that he could not provide them with a written copy but that he would reread the instructions to them, notwithstanding that they did not request the rereading. The supreme court construed the jury’s request for a copy of the instructions as a request for “additional instructions,” as provided for in Florida Rule of Criminal Procedure 3.410, and concluded that, pursuant to the rule, the state and the defense should first have been given an opportunity to be heard on the question. The court also held that a violation of Rule 3.410 is per se reversible error. Rule 3.410 provides:
After the jurors have retired to consider their verdict, if they request additional instructions or to have any testimony read to them they shall be conducted into the courtroom by the officer who has them in charge and the court may give them such additional instructions or may order such testimony read to them. Such instructions shall be given and such testimony read only after notice to the prosecuting attorney and to counsel for the defendant.
(Emphasis added.)
Similarly, in the case at bar, although the trial court could have, in its discretion, given a copy of the instructions to the jurors at the time the latter retired, as provided in Florida Rule of Criminal Procedure 3.400,1 the court did not do so, and when the jurors later submitted their question to the court, the court should have consulted with counsel before causing the instructions to be delivered to the jury room. Because it appears from Williams that permitting the jurors to take with them written instructions without prior notification to the attorneys is a direct violation of Rule 3.410, and thus per se reversible error, the harmless error doctrine is inapplicable.
Pursuant to a request by the state, we certify the following question to the Florida Supreme Court as one of great public importance:
DOES A TRIAL COURT COMMIT PER SE REVERSIBLE ERROR WHEN, IN RESPONSE TO THE JURORS’ REQUEST TO GIVE THEM AN ADDITIONAL PORTION OF THE ORIGINAL INSTRUCTIONS PREVIOUSLY FURNISHED THEM, IT GIVES THEM INSTEAD AN ENTIRE SET OF THE WRITTEN INSTRUCTIONS, WITHOUT PROVIDING PRIOR NOTICE TO THE ATTORNEYS FOR THE DEFENSE AND THE STATE?
REVERSED and REMANDED for new trial.
SHIVERS and WIGGINTON, JJ., concur. . The rule provides, in part, “The court may permit the jury, upon retiring for deliberation, to take to the jury room: ... (c) any instructions given; but if any instruction is taken all the instructions shall be taken.”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Franklin, 618 So. 2d 171 (Fla. 1993)…KOGAN, Judge. We review Franklin v. State, 590 So. 2d 476 (Fla. 1st DCA 1991), to answer a certified question of great public importance. We have jurisdiction. Art. Y, § 3(b)(4), Fla. Const. At the close of Franklin’s trial, the jury was instructed on two inferences of guilt: (1) the inference from stealt…
Authorities Cited
- Williams v. State, 488 So. 2d 62 (Fla. 1986)