PENA v. STATE

No. 97-4137.

732 So.2d 1091 (1998)

Glenn PENA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Granting Rehearing February 10, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rochelle L. Kirdy, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

In response to a jury question posed during deliberations, the trial court provided a partial set of written instructions to the jury. Fla. R.Crim. P. 3.400(a) provides that upon deliberation in non-capital cases, the court may permit the jury to take any instructions given to the jury room; however, "if any instructions is [sic] taken all the instructions must be taken." Fla. R. Crim P. 3.400(a)(3)c. We decline to consider this issue because Appellant...

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