State v. Colbert

I respectfully dissent. I would reverse and remand for a new trial on the sexual battery and false imprisonment charges on which the defendant was convicted and sentenced.

*438The record establishes that prior to the jury request involved in this matter, the jury had been brought into the courtroom on one prior occasion. At that time, the jury asked a question concerning the false imprisonment charge and was referred to the written jury instructions which had been provided to each juror.

The court next reconvened to consider the jury’s request to have the testimony of the victim and another witness…