Woods v. State

SHAHOOD, Judge.

Appellant, Delvin Woods, appeals his conviction and sentence for the offense of attempted second degree murder. One of the issues raised by appellant is whether the trial court erred in responding to a question asked by the jury during deliberation, without first giving “notice to the prosecuting attorney and to counsel for the defendant,” as required by Rule 3.410, Florida Rule of Criminal Procedure. We reverse and remand for a new trial because the trial court responded to a jury question without first consulting counsel.

In this ease, after the jury retired to consider their…