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Turner v. State

Turner v. State, 431 So. 2d 328 (Fla. Dist. Ct. App. 1983)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
May 17, 1983
Docket
No. 82-1502
Judges
Schwartz, C.J., and Daniel S. Pearson and Ferguson
Citations
431 So. 2d 328
Cited by 5

Opinion

431 So.2d 328 (1983)

Serita TURNER a/K/a Suzanne Clark, Appellant,

v.

The STATE of Florida, Appellee.

No. 82-1502.

District Court of Appeal of Florida, Third District.

May 17, 1983.

Bennett H. Brummer, Public Defender and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Marti A. Rothenberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

Under the controlling provisions of Fla.R. Crim.P. 3.400(d), counsel need not be present when the items introduced into evidence are provided to the jury. Since, contrary to the appellant's contention, no error of any kind, therefore, occurred when the exhibits were sent to the jury room in the absence of the defendant or her attorney, Ivory v. State, 351 So.2d 26 (Fla. 1977), which involved a violation of Fla.R.Crim.P. 3.410, is inapplicable. For this reason, we need not determine whether the prophylactic per se reversible error rule of Ivory has been abrogated by Hitchcock v. State, 413 So.2d 741 (Fla. 1982) or Rose v. State, 425 So.2d 521 (Fla. 1982).

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1983: 11984: 11985: 11987: 11990: 119832026peak 1983 · 1

Relies on it most ⓘ

  1. State v. Prieto439 So. 2d 288 (Fla. Dist. Ct. App. 1983)
  2. Smith v. State453 So. 2d 505 (Fla. Dist. Ct. App. 1984)
  3. Morgan v. State471 So. 2d 1336 (Fla. Dist. Ct. App. 1985)
  4. Brantley v. State570 So. 2d 364 (Fla. Dist. Ct. App. 1990)
  5. Dixon v. State506 So. 2d 55 (Fla. Dist. Ct. App. 1987)

Most recent

  1. Brantley v. State570 So. 2d 364 (Fla. Dist. Ct. App. 1990)
  2. Dixon v. State506 So. 2d 55 (Fla. Dist. Ct. App. 1987)
  3. Morgan v. State471 So. 2d 1336 (Fla. Dist. Ct. App. 1985)
  4. Smith v. State453 So. 2d 505 (Fla. Dist. Ct. App. 1984)
  5. State v. Prieto439 So. 2d 288 (Fla. Dist. Ct. App. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Ivory v. State, 351 So. 2d 26 (Fla. 1977) 104
Rose v. State, 425 So. 2d 521 (Fla. 1982) 107
Hitchcock v. State, 413 So. 2d 741 (Fla. 1982) 81

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