Poole v. State
674 So. 2d 746 | Fla. Dist. Ct. App. | 1996
This case fits squarely within our holding in Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995), which controls the outcome here. In Jones, as here, the trial court gave extemporaneous instructions to the jury that denigrate the reasonable doubt standard. We held in Jones that it was fundamental error to instruct a jury that it could convict on a lesser standard of proof. Accordingly, as we did in Jones, we reverse and remand for a new trial.
