CLARENCE WILLIAM BURNETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLARENCE WILLIAM BURNETTE, APPELLANT,
STATE OF FLORIDA, APPELLEE
103 So. 3d 1059
Florida District Court of Appeal, First District (2013)
Negative Treatment
Cited by 5 cases
Opinion of the Court
Appellant challenges his conviction and sentence on four grounds. We need only address Appellant’s third contention: that the failure to give Standard Jury Instruction in Criminal Cases 3.7 regarding reasonable doubt was fundamental error. The State commendably concedes error on this point on the authority of Cavagnaro v. State, — So.3d-(Fla. 3d DCA 2012), which we adopt. Because we reverse on this point and remand for a new trial, we need not reach Appellant’s remaining contentions.
REVERSED and REMANDED.
WOLF, VAN NORTWICK, and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 260 So. 3d 578 (Fla. 3d DCA 2019)…la. 3d DCA 2012) (finding fundamental error where the jury charge did not include Florida Standard Jury Instruction (Criminal) 3.7 or any similar instruction); see also Curry v. State, 169 So. 3d 1258, 1258 (Fla. 5th DCA 2015); Burnette v. State, 103 So. 3d 1059 (Fla. 1st DCA 2013). Accordingly, we reverse Smith’s conviction and remand for a new trial. Reversed and remanded.…
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Phelps v. State, 317 So. 3d 1207 (Fla. 3d DCA 2021)
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Ramirez v. State (Fla. 4th DCA 2024)
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