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BUTLER v. STATE

No. 91-1976.

596 So.2d 787 (1992)

Jerry BUTLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 7, 1992.

Attorney(s) appearing for the Case

Blake & Lida, and Amy Agnoli, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Barbara Arlene Fink, Asst. Atty. Gen., for appellee.

Before BASKIN, COPE and GERSTEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Appellant contends that the trial court's ex parte response to a jury request requires reversal of his conviction and that the case be remanded for a new trial. The State confesses error.

After reviewing the record we also find error:

After the jurors have retired to consider their verdict, if they request additional instructions . .. [s]uch instructions shall be given ... only after notice to...

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