Paul Myers v. State Florida

Myers appeals his conviction and sentence for attempted burglary of a dwelling, raising three issues for our consideration: (1) whether the trial court erred in permitting one of the jurors to take notes during the trial for use in the jury room; (2) whether the trial court erred in failing to require corroboration of statements contained in Myers' presentencing investigation report; and (3) whether the trial court made the requisite factual findings pursuant to Section 775.084, Florida Statutes (1983), to support a habitual felony offender determination. We find no error and affirm. Myers was charged with attempted burglary of a dwelling with the intent to commit an offense therein and proceeded to a jury trial on 17 December 1985. After opening statements, Myers objected to one of the jurors taking notes. The objection was overruled. Following the State's case, Myers again objected to the note-taking and moved for a mistrial on this ground. The trial court denied the motion and Myers rested his case. He was convicted of the crime charged.