KEY v. STATE

No. 4D98-2424.

760 So.2d 278 (2000)

Arthur A. KEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 7, 2000.


Attorney(s) appearing for the Case

Donnie Murrell, Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

Arthur A. Key timely appeals after a jury convicted him of third degree murder with a firearm. On appeal, he argues reversal is required because the trial court responded to a jury question without the attorneys and defendant being present. We disagree and, thus, affirm.

On the morning of June 4, 1998, after having recessed overnight, the jury in Key's trial resumed deliberations in the jury room. Thereafter, it sent out a written request to the...

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