Brooks v. State

Brooks’ conviction for manslaughter was affirmed in Brooks v. State, 497 So.2d 933 (Fla. 5th DCA 1986). The district court of appeal certified the following question:

AFTER SUBMISSION OF THE CAUSE TO THE JURY FOR DELIBERATIONS IN THE TRIAL OF A NON-CAPITAL CASE, IS IT REVERSIBLE ERROR PER SE FOR A TRIAL COURT TO AUTHORIZE THE JURY TO SEPARATE OVERNIGHT, OR FOR SOME OTHER DEFINITE TIME FIXED BY THE COURT, AND THEN REASSEMBLE AND CONTINUE ITS CONSIDERATION OF A VERDICT?

Id. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.

We answer the certified question in the…