FARROW v. STATE

No. 89-0367.

573 So.2d 161 (1990)

Frankie Lavon FARROW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied February 6, 1991.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

EN BANC


WARNER, Judge.

The issue presented by this appeal is whether or not a judge's instruction to the jury panel on voir dire that the jurors would have to pay attention because the judge would not permit a readback of testimony was fundamental error compelling the reversal of appellant's conviction and sentence. We hold that it is not and thereby recede from both Hendrickson v. State, 556 So.2d 440 (Fla. 4th DCA 1990) and

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