BRYAN v. STATE

No. 89-03385.

591 So.2d 1110 (1992)

Jackie Lamar BRYAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 3, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.


FRANK, Acting Chief Judge.

Jackie Lamar Bryan has raised seven issues on appeal, the first of which has merit and is dispositive. Bryan has contended that the judge erred in failing to accompany the jury to a view of crime scene evidence — a truck in which the victim of second degree murder was sitting when Bryan shot him. We agree and reverse.

Section 918.05, Florida Statutes (1987), specifically requires a judge to be present at a jury view of a crime...

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