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582 So. 2d 640

Byrd v. State

District Court of Appeal of Florida

Decided February 6, 1991

District Court of Appeal of Florida · decided 1991-02-06

Relies on Mize v. State · 377 So. 2d 212 - Morgan v. State · Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-02-06

How this case has been cited

Cited by 5 later decisions — most recently August 2011

5 state decisions

30199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Upon examination of the record and the state’s confession of error, the defendant’s conviction must be reversed with directions to award a new trial because when the trial court re-instructed the jury, the entire written instructions in the case were not, over objection of defense counsel, delivered to the jury as required by Florida Rule of Criminal Procedure 3.400(c). Consequently, the jury may have placed undue emphasis upon the re-instruction given. Chappell v. State, 423 So.2d 984 (Fla. 3d DCA 1982); Morgan v. State, 377 So.2d 212, 213 (Fla. 3d DCA 1979), cert. denied, 389 So.2d 1115 (Fla.1980).

¶2Reversed and remanded for a new trial.

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