CHARLES VOLK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES VOLK, APPELLANT,
STATE OF FLORIDA, APPELLEE
754 So. 2d 82
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The trial court’s “standard response” to the jury’s request for the defendant’s testimony was error. See Rigdon v. State, 621 So. 2d 475 (Fla. 4th DCA 1993); Huhn v. State, 511 So. 2d 583 (Fla. 4th DCA 1987); Roper v. State, 608 So. 2d 533 (Fla. 5th DCA 1992). However, in this ease we find the error to be harmless. See Goodwin v. State, 751 So. 2d 537 (Fla.1999); Gonzalez v. State, 624 So. 2d 300 (Fla. 4th DCA 1993); Farrow v. State, 573 So. 2d 161 (Fla. 4th DCA 1990).
AFFIRMED.
DELL, POLEN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barrow v. State, 27 So. 3d 211 (Fla. 4th DCA 2010)…oss-examination, or specific portions of it, read to them. Then, if the jury requested it, the trial court could have weighed that request in light of any applicable considerations. Id. at 535. This court cited Roper with approval in Volk v. State, 754 So. 2d 82 (Fla. 4th DCA 2000). In a case similar to Roper, we found an abuse of discretion where a trial judge responded to a jury question about witness testimony without letting the jury know that a read back of testimony was possible. The jury in Avila v.…
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Onelson J. Francois v. State, 65 So. 3d 632 (Fla. 4th DCA 2011)…ons or may order the testimony read to them. The instructions shall be given and the testimony read only after notice to the prosecuting attorney and to counsel for the defendant. . Roper v. State, 608 So. 2d 533 (Fla. 5th DCA 1992); Volk v. State, 754 So. 2d 82 (Fla. 4th DCA 2000); Avila v. State, 781 So. 2d 413 (Fla. 4th DCA 2001); Rigdon v. State, 621 So. 2d 475 (Fla. 4th DCA 1993). We noted that the third district has reached a different result and certified conflict with Hazuri v. State, 23 So. 3d 857…
Authorities Cited
- Goodwin v. State, 751 So. 2d 537 (Fla. 1999)
- Huhn v. State, 511 So. 2d 583 (Fla. 4th DCA 1987)
- State Farm Mut. Auto. Ins. Co. v. Garcia, 621 So. 2d 475 (Fla. 4th DCA 1993)
- Roper v. State, 608 So. 2d 533 (Fla. 5th DCA 1992)
- Farrow v. State, 573 So. 2d 161 (Fla. 4th DCA 1990)
- Pineiro v. State, 573 So. 2d 161 (Fla. 4th DCA 1991)
- Gonzalez v. State, 624 So. 2d 300 (Fla. 4th DCA 1993)