Adams v. State
122 So. 3d 976
Fla. Dist. Ct. App.2013Background
- Adams was charged with robbery by sudden snatching, a third-degree felony under Fla. Stat. § 812.131 (2011).
- At trial, three eyewitnesses testified: the victim, the victim’s friend, and Adams, each giving conflicting accounts of who seized the necklace and whether a weapon was involved.
- Adams admitted lying to police about being the victim and about a necklace receipt, and he disclosed eleven prior felony convictions during cross-examination.
- During jury deliberations, the jury asked to see all depositions, Officer Bricker’s police report, and transcripts of all testimony; the court told them there were no transcripts available.
- The court later informed the jury that there were no transcripts and instructed them to rely on their recollection of the evidence; after a second note, the court declared a mistrial and a verdict of guilty on the lesser offense of attempted robbery followed.
- On appeal, Adams challenged the denial of read-back rights, arguing it was fundamental error, but the court ultimately affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to inform about read-back rights constitutes fundamental error | Adams asserts denial of read-back rights harmed trial fairness. | State argues no fundamental error; defense agreed with court's response; read-back not required. | Not fundamental error; affirmed. |
Key Cases Cited
- Hazuri v. State, 91 So.3d 836 (Fla. 2012) (read-back discretion; no misstatement of law)
- Barrow v. State, 91 So.3d 826 (Fla. 2012) (read-back rights; preservation concerns)
- Delestre v. State, 103 So.3d 1027 (Fla. 5th DCA 2012) (jury read-back request; analogous facts)
- Delva v. State, 575 So.2d 648 (Fla. 1991) (fundamental error standard; miscarriage of justice)
- LaMonte v. State, 145 So.2d 889 (Fla. 2d DCA 1962) (read-back statute history; superseded by rule 3.410)
- Frasilus v. State, 46 So.3d 1028 (Fla. 5th DCA 2010) (context on read-back and preserving error)
- Smith v. State, 521 So.2d 106 (Fla. 1988) (fundamental error limits; rare application)
- Hendricks v. State, 34 So.3d 819 (Fla. 1st DCA 2010) (gamesmanship concerns; contemporaneous objection rule)