Reese v. State
476 So. 2d 129
Fla.
1985
Check Treatment

Lead Opinion

ADKINS Justice.

The Fourth District Court of Appeal certified to this Court the following question:

If the state has the burden to prove beyond a reasonable doubt that a defendant was sane at the time of the offense when the defense of insanity has been raised, is the giving of the present insanity instruction, as set forth in standard jury instruction 3.04(b), along with the general reasonable doubt instruction sufficient, notwithstanding the defendant having specifically requested the court to instruct the jury that the state must prove beyond a reasonable doubt that the defendant was sane at the time of the offense?

*130Reese v. State, 452 So.2d 1079 (Fla. 4th DCA 1984). We have answered this question in Yohn v. State, 476 So.2d 123 (Fla.1985). Therefore, on its authority, we quash the decision of the Fourth District Court of Appeal in this case and remand with instructions to further remand to the trial court for new trial.

It is so ordered.

BOYD, C.J., and McDONALD and SHAW, JJ., concur. ALDERMAN, J., dissents with an opinion, in which EHRLICH, J., concurs. OVERTON, J., dissents.



Dissenting Opinion

ALDERMAN, Justice,

dissenting.

I dissent for the reasons stated in my dissent in Yohn v. State, 476 So.2d 123 (Fla.1985), and would approve the decision of the Fourth District.

EHRLICH, J., concurs.