SIMMONS v. STATE (2024)

District Court of Appeal of Florida, Fourth District.

Nakia SIMMONS, Appellant, v. STATE of Florida, Appellee.

No. 4D2022-1729

Decided: January 03, 2024

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Lindsay A. Warner, Senior Assistant Attorney General, West Palm Beach, for appellee.

Affirmed. See Francis v. State, 808 So. 2d 110, 130 (Fla. 2001) (“It is well established that trial judges have broad discretion in deciding whether to read back testimony.”); Simmons v. State, 334 So. 2d 265, 266–67 (Fla. 3d DCA 1976) (noting that a read-back taking seven hours was impractical); Castellon-Lopez v. State, 230 So. 3d 518, 519–20 (Fla. 3d DCA 2017) (concluding the trial court properly (1) explained to the jury it could get a read-back and (2) instructed the jury to “specify which portions of the testimony it wishe[d] to review,” and explaining that “[r]ather than misleading the jury into believing that read-backs are prohibited, the trial court specifically informed the jury that a read-back is permitted, and asked the jury to specify what portions of the testimony it would like to hear”).

Per Curiam.

May, Damoorgian and Forst, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network