Davis v. State

RYDER, Acting Chief Judge.

Robert E. Davis appeals from two convictions for attempted first degree murder. We hold that the lower court erred in not granting a new trial after appellant showed that the jury’s request for reinstruction was not communicated to appellant or appellant’s counsel, and we reverse.

After the notice of appeal was filed below, we relinquished jurisdiction for a hearing on motion for new trial to determine whether there was communication with the jury during its deliberation without notice to the prosecutor or defense. Following a hearing, the trial judge denied the…