LACUE v. STATE

No. 89-0877.

562 So.2d 388 (1990)

Shawn A. LACUE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 11, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We reverse and remand for a new trial.

The trial court erred in receiving and responding to a jury question and in allowing the jury to replay the victim's taped statement to the police without notice to and in the absence of defense counsel. This is so, even though the tape had been previously admitted into evidence. See Fla. R. Crim. P. 3.400.

In Williams v. State, 488 So.2d 62 (Fla. 1986...

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