Banks v. State

I concur in affirming appellant’s conviction. 'When the jury posed a question, defense counsel asked the judge to respond by re-reading the standard charge on sexual battery involving no physical force. The judge did so. Now, appellant argues that the re-reading of the standard instruction was fundamental error. Any error was waived by counsel asking that the instruction be read. See Armstrong v. State, 579 So.2d 734, 735 (Fla.1991); Singletary v. State, 829 So.2d 978, 979 (Fla. 1st DCA 2002). This request was consistent with the defense strategy and theory of the case which was not that the…