BARROW v. STATE

No. 4D07-3420.

27 So.3d 211 (2010)

Mark BARROW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 10, 2010.


Attorney(s) appearing for the Case

Frederick R. Susaneck of Levine & Susaneck, P.A., West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, C.J.

We reverse for a new trial because the trial judge abused his discretion by responding to the jury's question about the availability of transcripts in the negative, without advising the jury about the potential for read backs of witnesses' testimony, ignoring the request of both the state and defense. We also note that the trial judge's apparent adoption of an ad hoc rule prohibiting read backs amounted to a failure to exercise the discretion granted to...

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