Florida District Courts of Appeal, 1987

Singleton v. State

Florida District Courts of Appeal · Decided September 29, 1987 · Hubbart, Pearson, Schwartz

512 So. 2d 1159; 12 Fla. L. Weekly 2343; 1987 Fla. App. LEXIS 10416 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Garcia v. State (Fla. Dist. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Contrary to the appellant’s sole point on appeal, we find no abuse of discretion in the trial court’s directly responding to the jury’s simple request for the elements of the charged crime of burglary by stating those elements, along with the presumption of innocence and the state’s burden of proof, without also re-reading a previously given instruction concerning the defense of good faith mistake.1 See Engle v. State, 438 So.2d 803 (Fla. 1983), cert. denied, 465 U.S. 1074, 104 S.Ct. 1430, 79 L.Ed.2d 753 (1984); Henry v. State, 359 So.2d 864 (Fla. 1978); Freeman v. State, 494 So.2d 270 (Fla. 4th DCA 1986); Reifsnyder v. State, 428 So.2d 738 (Fla. 2d DCA 1983); Bristow v. State, 338 So.2d 553 (Fla. 3d DCA 1976); Fla.R.Crim.P. 3.410.

Affirmed.

. Cf. Dudley v. State, 405 So.2d 304 (Fla. 4th DCA 1981); Rodriguez v. State, 396 So.2d 798 (Fla. 3d DCA 1981).

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