TAPANES v. STATE

No. 4D08-3176.

43 So.3d 159 (2010)

Jose TAPANES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 6, 2010.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Paul E. Petillo , Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Melanie Dale Surber , Assistant Attorney General, West Palm Beach, for appellee.


LEVINE, J.

The issue presented is whether the trial court erred in denying the appellant's motion for new trial, where a juror used a smartphone during a break in jury deliberations to look up the definition of "prudent," a term used in the jury instructions and during closing arguments. We find that it was error to deny the motion, and the appellant is entitled to a new trial.

The appellant was charged by indictment with first-degree murder and convicted...

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