SIMMONS v. STATE

No. 88-1138.

541 So.2d 171 (1989)

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

District Court of Appeal of Florida, Fourth District.

April 12, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Carol Bickerstaff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.


STONE, Judge.

The appellant was convicted of possession of cocaine. The drugs were found in a search of his room.

During deliberations the jury requested an instruction, for the second time, on the definition of constructive possession. The trial court, over a defense objection, decided to provide the instruction in writing.

Florida Rule of Criminal Procedure 3.400(c) provides:

Rule 3.400. Materials to the Jury Room

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