Printempts v. State

Full title: RUBIN PRINTEMPTS, A/K/A BERNARD BERTRAND, APPELLANT, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 8, 1987

505 So. 2d 28 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-1265.

April 8, 1987.

Appeal from the Circuit Court, Palm Beach County, Robert S. Hewitt, J.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Michael W. Baker, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand for a new trial on the authority of Taylor v. State, 498 So.2d 943 (Fla. 1986). It was reversible error for the trial court to permit the jury to separate overnight in this non-capital case where deliberation had begun and the defendant had objected to the separation.

REVERSED AND REMANDED.

HERSEY, C.J., and GLICKSTEIN and GUNTHER, JJ., concur.