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395 So. 2d 284

Docket No. 80-1240.

Payne v. State

Percy PAYNE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1981-03-17

Cited by 7 later decisions — most recently April 1995

7 state decisions

Relies on 296 So. 2d 614 - Faulk v. State · 377 So. 2d 212 - Morgan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-03-17

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¶1Percy Payne, in pro. per.

¶2Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

¶3Before HUBBART, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.

¶4PER CURIAM.

¶5The judgment of conviction and sentence under review is reversed and the cause is remanded to the trial court with directions to award the defendant Percy Payne a new trial upon a holding that: (a) the trial court committed reversible error when, in response to a jury request made during the jury's deliberations, the trial court sent to the jury, over a defense objection, the written *285 standard jury instruction on premeditation without also sending the entire written instructions to the jury as requested by the defense, Morgan v. State,377 So.2d 212 (Fla. 3d DCA 1979); Faulk v. State,296 So.2d 614 (Fla. 1st DCA 1974); Fla.R. Crim.P. 3.400(c); (b) the balance of the defendant's points on appeal do not present reversible error.

¶6Reversed and remanded for a new trial.

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