Thomas v. State, 700 So. 2d 734

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 constitute 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 Details

Case Name: Thomas v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 26, 1997

Citations: 700 So. 2d 734; 1997 Fla. App. LEXIS 10880; 1997 WL 594113; No. 96-4639

Docket Number: No. 96-4639

Court Abbreviation: Fla. Dist. Ct. App.