Florida District Courts of Appeal, 1997

Thomas v. State

Florida District Courts of Appeal · Decided September 26, 1997 · Allen, Miner, Padovano

700 So. 2d 734; 1997 Fla. App. LEXIS 10880; 1997 WL 594113 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Thomas v. State (Fla. 1998)
Paige v. State (Fla. Dist. Ct. App. 2001)
Cooper v. State (Fla. Dist. Ct. App. 1997)

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.

The appellant contends that his convictions should be reversed because the trial judge committed error when he sent an instruction to the jury during its deliberations without first notifying the prosecutor and defense counsel and giving them an opportunity to discuss the proposed instruction. See Fla. R.Crim. Pro. 3.410. Although such a violation of rule 3.410 would ordinarily *735constitute per se reversible error under Ivory v. State, 351 So.2d 26 (Fla. 1977), here we conclude that the appellant’s trial counsel affirmatively waived the issue by communicating to the trial judge his acceptance of the procedure employed when later given an opportunity to object. We accordingly affirm the convictions.

MINER, ALLEN and PADOVANO, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.