Johnson v. State

Aundra Johnson seeks review of the decision of the Third District Court of Appeal in Johnson v. State, 10 So.3d 680 (Fla.3d DCA 2009), on the basis that it expressly and directly conflicts with decisions of the Fourth District Court of Appeal in Biscardi v. State, 511 So.2d 575 (Fla. 4th DCA 1987); Huhn v. State, 511 So.2d 583 (Fla. 4th DCA 1987); and Rigdon v. State, *1005621 So.2d 475 (Fla. 4th DCA 1993).1 The issue before this Court is whether it is per se reversible error when a judge erroneously instructs a jury prior to deliberations that it cannot have any testimony read back. We hold…