Brown v. State

We affirm appellant’s conviction for second degree murder.

We agree with appellant that the trial court should not have used á dictionary definition to answer the jury’s question about the meaning of “depraved mind” as used in section 782.04(2), Florida Statutes (2000).

However, the trial court complied with Florida Rule of Criminal Procedure 3.410 by notifying the prosecutor and counsel for the defendant about the proposed additional instruction in response to the jury’s question. The state objected to the proposed instruction. Defense counsel said he was “inclined to let them have the…