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SIMMONS v. STATE (2024)

District Court of Appeal of Florida, Fourth District.2024-01-03No. No. 4D2022-1729

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Affirmed. See Francis v. State, 808 So. 2d 110, 130 (Fla. 2001) (“It is well established that trial judges have broad discretion in deciding whether to read back testimony.”); Simmons v. State, 334 So. 2d 265, 266–67 (Fla. 3d DCA 1976) (noting that a read-back taking seven hours was impractical); Castellon-Lopez v. State, 230 So. 3d 518, 519–20 (Fla. 3d DCA 2017) (concluding the trial court properly (1) explained to the jury it could get a read-back and (2) instructed the jury to “specify which portions of the testimony it wishe[d] to review,” and explaining that “[r]ather than misleading the jury into believing that read-backs are prohibited, the trial court specifically informed the jury that a read-back is permitted, and asked the jury to specify what portions of the testimony it would like to hear”).

Per Curiam.

May, Damoorgian and Forst, JJ., concur.