Volk v. State

Full title: CHARLES VOLK, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 8, 2000

754 So. 2d 82 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D98-4455.

Opinion filed March 8, 2000.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona M. Holmes, Judge; L.T. No. 98-4278CF10A.

Richard L. Jorandby, Public Defender, Kai Li Aloe Fouts, and Jennifer Hixson, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and M. Rebecca Springer, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

The trial court's "standard response" to the jury's request for the defendant's testimony was error. See Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993); Huhn v. State, 511 So.2d 583 (Fla. 4th DCA 1987); Roper v. State, 608 So.2d 533 (Fla. 5th DCA 1992). However, in this case we find the error to be harmless. See Goodwin v. State, Nos. 93,491, 93,805 (Fla. Dec. 16, 1999); Gonzalez v. State, 624 So.2d 300 (Fla. 4th DCA 1993); Farrow v. State, 573 So.2d 161 (Fla. 4th DCA 1990).

AFFIRMED.

DELL, POLEN and GROSS, JJ., concur.