# Roper v. State

> District Court of Appeal of Florida · July 12, 2000 · 763 So. 2d 487

URL: https://www.frixlaw.com/law-library/cases/7733679

## Case

- **Full name:** Michael ROPER v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** July 12, 2000
- **Citations:** 763 So. 2d 487; 2000 Fla. App. LEXIS 8764; 2000 WL 959759
- **Precedential status:** Published
- **Opinion:** Concurrence by Polen
- **Judges:** Hazouri, Klein, Polen
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7733679

## How later opinions describe it (automated extraction)

- finding harmful error where during closing argument, the State focused on improper impeachment evidence and appellant’s testimony that he lived in jail, telling the jury this was relevant to his credibility

## Opinion text

POLEN, J.,
concurring specially.
I agree with the majority’s reversal, but write separately to address another issue raised. When the jury retired to deliberate, the trial court, over protests from both sides 2 , allowed the jury to have the written instructions that had portions crossed out. These instructions were not made part of the record, so we cannot determine if the parts crossed out were still readable, and thus may have caused juror confusion. See Santana v. State, 548 So.2d 293 (Fla. 4th DCA 1989).
Because the ease is to be retried, the court should allow into the jury room only instructions as given, without cross-outs of inapplicable portions of the standard (or special) instructions.
. The stale now argues this issue was not preserved. Although it is not the basis for our reversal, I would hold it was sufficiently preserved.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7733679. Public record. Not legal advice.