Rayfield v. StateRayfield v. State
Versions:664 So. 2d 61995 WL 497292
This case is on all fours with our recent decision in Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995), which thus controls the outcome here. In Jones, the court gave the all-but-identical preliminary jury instruction on reasonable doubt, without objection from the defense. We held in Jones that it was fundamental error to denigrate the reasonable doubt standard by informing the 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.
REVERSED.
STONE, FARMER, and STEVENSON, JJ., concur.