Singleton v. State, 86-1015
Decision Date | 29 September 1987 |
Docket Number | No. 86-1015,86-1015 |
Parties | 12 Fla. L. Weekly 2343 Troy SINGLETON, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Margarita Muina Febres, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.
Contrary to the appellant's sole point on appeal, we find no abuse of discretion in the trial court's directly responding to the jury's simple request for the elements of the charged crime of burglary by stating those elements, along with the presumption of innocence and the state's burden of proof, without also re-reading a previously given instruction concerning the defense of good faith mistake. 1 See Engle v. State, 438 So.2d 803 (Fla.1983), cert. denied, 465 U.S. 1074, 104 S.Ct. 1430, 79 L.Ed.2d 753 (1984); Henry v. State, 359 So.2d 864 (Fla.1978); Freeman v. State, 494 So.2d 270 (Fla. 4th DCA 1986); Reifsnyder v. State, 428 So.2d 738 (Fla. 2d DCA 1983); Bristow v. State, 338 So.2d 553 (Fla. 3d DCA 1976); Fla.R.Crim.P. 3.410.
Affirmed.
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...and the trial court was not required to reinstruct on a separate matter not requested by the jury. See Singleton v. State, 512 So.2d 1159, 1160 (Fla. 3d DCA 1987) ("[W]e find no abuse of discretion in the trial court's directly responding to the jury's simple request for the elements of the......
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