FRANKLIN v. STATE

No. 90-1868.

590 So.2d 476 (1991)

Roosevelt FRANKLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 26, 1991.


Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, and James C. Banks, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles T. Faircloth, Jr., Asst. Atty. Gen., for appellee.


ERVIN, Judge.

Appellant, Roosevelt Franklin, appeals his conviction and sentence for burglary of a dwelling. We affirm without comment Franklin's first two issues, but, as to the third issue, we reverse and remand for new trial because the trial court erroneously submitted a copy of the jury instructions to the jurors without first consulting with the attorneys.

After retiring to deliberate, the jury submitted the following question to the court:

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