|Published:||Oct 08, 2010 3:17 PM EDT|
|Updated:||Oct 08, 2010 12:17 PM EDT|
TALLAHASSEE, Fla. (AP) - A sharply divided Florida Supreme Court has reversed a criminal conviction because the judge instructed jurors they couldn't ask to have testimony read back to them.
The justices unanimously agreed Thursday the judge's instruction was erroneous. They split 4-3, though, on whether Aundra Johnson's conviction on a charge of fleeing police in Miami-Dade County should automatically be reversed.
The dissenting justices wanted to send the case back to the 3rd District Court of Appeal to decide if the error was harmless.
The majority said it's impossible to determine that without engaging in speculation so the only remedy is reversal.
Chief Justice Charles Canady and Justices Ricky Polston and Jorge Labarga dissented.
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