Walker v. State

ALTENBERND, Judge.

The defendant appeals his convictions of burglary, kidnapping, aggravated battery and four counts of sexual battery. We are required to reverse these convictions and remand for a new trial because the jury was permitted to separate overnight during deliberations. Taylor v. State, 498 So.2d 943 (Fla.1986). Although there is nothing in this record to suggest that the night’s rest affected the jury’s verdict in any fashion, Taylor does not permit us to conduct a harmless error analysis. Because the Florida Supreme Court has decided that separation during deliberations may…