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DIXON v. STATE

No. 97-3181.

768 So.2d 464 (1999)

Clarence Lee DIXON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 10, 1999.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and J. Rafael Rodriguez, Specially Appointed Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Sylvie Perez-Posner, and Charles Fahlbusch, Assistant Attorneys General, for appellee.

Before GODERICH, SHEVIN and SORONDO, JJ.

PER CURIAM.

The defendant, Clarence Lee Dixon, contends that he is entitled to a new trial because the lower court failed to notify his trial counsel that the jury had sent a note to the trial court after the jury had retired to consider their verdict. The defendant bases his argument on Rule 3.410, Florida Rule of Criminal Procedure, which provides as follows:

After the jurors have retired to consider their verdict, if they request additional instructions...

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