Volk v. State

Decision Date08 March 2000
Docket NumberNo. 4D98-4455.,4D98-4455.
Citation754 So.2d 82
PartiesCharles VOLK, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Richard L. Jorandby, Public Defender, Kai Li Aloe Fouts, and Jennifer Hixson, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and M. Rebecca Springer, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

The trial court's "standard response" to the jury's request for the defendant's testimony was error. See Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993)

; Huhn v. State, 511 So.2d 583 (Fla. 4th DCA 1987); Roper v. State, 608 So.2d 533 (Fla. 5th DCA 1992). However, in this case we find the error to be harmless. See Goodwin v. State, 751 So.2d 537 (Fla.1999); Gonzalez v. State, 624 So.2d 300 (Fla. 4th DCA 1993); Farrow v. State, 573 So.2d 161 (Fla. 4th DCA 1990).

AFFIRMED.

DELL, POLEN and GROSS, JJ., concur.

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3 cases
  • Barrow v. State
    • United States
    • Florida District Court of Appeals
    • February 10, 2010
    ...have weighed that request in light of any applicable considerations. Id. at 535. This court cited Roper with approval in Volk v. State, 754 So.2d 82 (Fla. 4th DCA 2000). In a case similar to Roper, we found an abuse of discretion where a trial judge responded to a jury question about witnes......
  • Francois v. State
    • United States
    • Florida District Court of Appeals
    • July 27, 2011
    ...to the prosecuting attorney and to counsel for the defendant. FN3. Roper v. State, 608 So.2d 533 (Fla. 5th DCA 1992); Volk v. State, 754 So.2d 82 (Fla. 4th DCA 2000); Avila v. State, 781 So.2d 413 (Fla. 4th DCA 2001); Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993). We noted that the thi......
  • White v. State, 3D98-3280.
    • United States
    • Florida District Court of Appeals
    • March 8, 2000

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