Florida District Courts of Appeal, 1994

Gonzalez v. State

Florida District Courts of Appeal · Decided June 21, 1994 · No. 93-2791 · Levy, Nesbitt, Schwartz

638 So. 2d 199; 1994 Fla. App. LEXIS 6152; 1994 WL 275825 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Mitchell v. State (Fla. Dist. Ct. App. 1996)

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.

. Jorge Esteban Gonzalez appeals his convictions for kidnapping without a firearm, and battery. Pursuant to Mills v. State, 620 So.2d 1006 (Fla. 1993), quoting Ivory v. State, 351 So.2d 26 (Fla. 1977), and citing to State v. Franklin, 618 So.2d 171 (Fla. 1993), it is per se reversible error for a trial court to respond to a jury’s request for re-instruction without first notifying a defendant-and defense counsel, and giving them an opportunity to be heard on the questions presented, regardless of the circumstances. This kind of violation of Florida Rule of Criminal Procedure 3.410 is not subject to a harmless error analysis. Accordingly, upon our consideration and the state’s confession of error, the order under review is reversed and the case remanded.

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