HAYES v. STATE

No. 3D00-294.

778 So.2d 400 (2001)

Eugene HAYES, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 8, 2001.


Attorney(s) appearing for the Case

Harold Long, Jr., Miami, for appellant.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN, and FLETCHER, JJ.


FLETCHER, Judge.

Eugene Hayes, Jr. appeals his conviction and sentence of aggravated battery, perjury in official proceedings, and official misconduct. Hayes correctly argues that the trial court reversibly erred by having the bailiff present the jury with a corrected written instruction rather than recalling the jury in order for the court to itself provide the corrected instruction.

In orally instructing the jury the trial court erred by providing an incorrect...

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