Wiley v. State

In view of the per se rule recently adopted by the Florida Supreme Court in Taylor v. State, 498 So.2d 943 (Fla.1986) and reaffirmed in Brooks v. State, 507 So.2d 606 (Fla.1987), we have no choice but to reverse and remand for a new trial because of the failure of the trial court to order the sequestration of the jury in this routine, garden variety burglary case.

This rule mandates reversal even though there may be no indication of a violation by the jurors of thorough and explicit admonitions by the trial judge and regardless of the absence of any prejudice to the defendant occasioned by the…