Florida District Courts of Appeal, 1996

Poole v. State

Florida District Courts of Appeal · Decided January 24, 1996 · Klein, Pariente, Polen

674 So. 2d 746; 1996 Fla. App. LEXIS 480; 1996 WL 26958 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

State v. Poole (Fla. 1996)
Pierce v. State (Fla. Dist. Ct. App. 1996)
Doctor v. State (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

POLEN, KLEIN and PARIENTE, JJ., concur.

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