STEPHENS v. STATE

No. 5D00-1292.

779 So.2d 580 (2001)

David Terrence STEPHENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 9, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.


ORFINGER, R.B., J.

Appellant, David Terrence Stephens, was convicted of aggravated battery with a deadly weapon or great bodily injury and other charges and sentenced as an habitual offender to forty (40) years in the Department of Corrections. He appeals his conviction and sentence and alleges that the trial court erred by failing to insure that he and his attorney were present when the trial court responded to three jury questions.

During deliberations,...

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