State v. Variance

Supreme Court of Florida December 26, 1996

State v. Variance, 686 So. 2d 573 (Fla. 1996)

22 Fla. L. Weekly Supp. 35; 1996 Fla. LEXIS 2211; 1996 WL 734806

Anstead, Grimes, Harding, Kogan, Overton, Shaw, Wells

Opinion of the Court

SHAW, Justice.

We have for review Variance v. State, 687 So.2d 1 (Fla. 4th DCA 1996), on motion for certification, 21 Fla. L. Weekly D1052 (Fla. 4th DCA May 1, 1996), wherein the district court certified two questions.1 We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We *574quash Variance, based on State v. Wilson, 686 So.2d 569 (Fla. 1996), wherein we held that the giving of a nearly identical instruction did not constitute fundamental error and required a contemporaneous objection to be preserved for review.

It is so ordered.

KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.

. The court certified:

1) Does the "jury instruction given in this case impermissibly reduce the reasonable doubt standard below the protections of the due process clause? ■

2) If so, is such an instruction fundamental error?

Reference

Full Case Name: STATE of Florida v. Richard VARIANCE
Status: Published