Florida District Courts of Appeal, 1996

Davis v. State

Florida District Courts of Appeal · Decided September 25, 1996 · No. 95-0300 · Glickstein, Gross, Warner

680 So. 2d 601; 1996 Fla. App. LEXIS 10155; 1996 WL 542698 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Davis (Fla. 1997)

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.

Although the evidence is sufficient to sustain appellant’s conviction for possession of cocaine with intent to deliver, we reverse the conviction and remand for new trial because the trial court’s preliminary instructions regarding reasonable doubt constituted fundamental error. See Jones v. State, 656 So.2d 489 (Fla. 4th DCA), rev. denied, 663 So.2d 632 (Fla. 1995), cert. denied, — U.S. -, 116 S.Ct. 1451, 134 L.Ed.2d 570 (1996).

Nevertheless, we certify as one of great public importance the same question certified in Wilson v. State, 668 So.2d 998 (Fla. 4th DCA 1995), rev. granted, 672 So.2d 543 (Fla. 1996).

GLICKSTEIN, WARNER and GROSS, JJ., concur.

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