Supreme Court of Florida

In a prosecution of defendant for fleeing a police officer, the Third District's determination that the trial court erred by discouraging the jury from requesting any read-back of testimony but that the error was harmless based upon its conclusion that the evidence against defendant was "overwhelming," is quashed and remanded as it is per se reversible error when a trial judge preemptively instructs a jury that it cannot have testimony read back and the erroneous instruction is properly preserved for appellate review.

Appellate Information

• Decided 10/07/2010
• Published 10/07/2010

Judges

• Per Curiam

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Carlos J. Martinez, Bill McCollum