WHITE v. STATE

No. 2D09-1495.

31 So.3d 816 (2010)

Scottie Lee WHITE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 13, 2010.


Attorney(s) appearing for the Case

Scottie Lee White, pro se.

Bill McCollum, Attorney General, Tallahassee and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Respondent.


MORRIS, Judge.

In his petition alleging ineffective assistance of appellate counsel, Scottie Lee White contends that appellate counsel was ineffective by failing to argue that the trial court committed per se reversible error in responding to the jury's requests to read back trial testimony without providing notice to defense counsel or providing the defense the opportunity to be heard and participate in the proceedings. We agree, and we grant the petition.

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