DONALD RAYFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONALD RAYFIELD, APPELLANT,
STATE OF FLORIDA, APPELLEE
664 So. 2d 6
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
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.
Cases With Similar Vibessemantic neighbors from the corpus
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Donnie Hugh Doctor v. State, 677 So. 2d 1372 (Fla. 3d DCA 1996)…o. 2d 998 (Fla. 4th DCA 1995), review granted, 672 So. 2d 543 (Fla.1996); Frazier v. State, 664 So. 2d 985 (Fla. 4th DCA 1995), review denied, 666 So. 2d 145 (Fla.1995), cert, denied,-U.S.-, 116 S.Ct. 1679, 134 L.Ed.2d 781 (1996); Rayfield v. State, 664 So. 2d 6 (Fla. 4th DCA 1995), review denied, 664 So. 2d 249 (Fla.1995), cert. denied, -U.S.-, 116 S.Ct. 1421, 134 L.Ed.2d 545 (1996); Jones v. State, 662 So. 2d 365 (Fla. 4th DCA 1995), review denied, 664 So. 2d 249 (Fla.1995), cert. denied,-U.S.-, 116 S.Ct.…
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Milo Wilson v. State, 668 So. 2d 998 (Fla. 4th DCA 1995)…ry pool prior to voir dire. This court found the instructions to be fundamental error, as it deprived the appellant of his right to rely on the correct standard of reasonable doubt. We have recently followed the Jones decision in Rayfield v. State, 664 So. 2d 6 (Fla. 4th DCA 1995). In Rayfield, instructions similar to those in Jones were given to the jury pool. This court reversed, citing the “all-but-identical preliminary instructions on reasonable doubt” as grounds for reversal. In the case at bar, the…
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Pierce v. State, 671 So. 2d 186 (Fla. 4th DCA 1996)…kly D77, — So. 2d — [1996 WL 1117] (Fla. 4th DCA January 3, 1996); Wilson v. State, 668 So. 2d 998 (Fla. 4th DCA 1995); Frazier v. State, 664 So. 2d 985 (Fla. 4th DCA), rev. denied, No. 86,543, 666 So. 2d 145 (Fla. Dec. 19, 1995); Rayfield v. State, 664 So. 2d 6 (Fla. 4th DCA), rev. denied, 664 So. 2d 249 (Fla.1995); Jones v. State, 657 So. 2d 1178 (Fla. 4th DCA), reh’g granted, 662 So. 2d 365 (Fla. 4th DCA), rev. denied, 664 So. 2d 249 (Fla.1995). Exactly fact-similar to Jones, 656 So. 2d 489, the trial ju…
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- Jones v. State, 656 So. 2d 489 (Fla. 4th DCA 1995)