McGLYNN v. STATE

No. 96-1953.

697 So.2d 571 (1997)

James McGLYNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Certification of Question, and Clarification Denied September 12, 1997.


Attorney(s) appearing for the Case

Hilliard E. Moldof and Nancy C. Wear, Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.


DONNER, AMY STEELE, Associate Judge.

By a jury verdict rendered on May 22, 1996, defendant was found guilty of aggravated battery. Defendant's sole argument on appeal is that the trial court erred in responding to a jury question while the jury was deliberating, without first offering counsel an opportunity to offer a proposed answer or raise objections. We agree and reverse.

According to Florida Rule of Criminal Procedure 3.410:

After the jurors...

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