JAMES ARTHUR EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DOWNEY, Judge.
The sole question involved in this appeal is the failure of the trial court to track the Standard Jury Instruction 2.11(b) on reasonable doubt.
This case was tried in February 1975 before adoption of Florida Standard Jury Instructions, Second Edition, effective February 4, 1976. The Second Edition contains a revised instruction on reasonable doubt, eliminating several paragraphs contained in original instruction No. 2.11(b). In any event, the instruction given by the trial court substantially covers the subject matter contained in Standard Jury Instruction No. 2.12(b) on reasonable doubt. Accordingly, any error in failing to follow the Standard Jury Instruction as promulgated is harmless. Leverette v. State, 295 So. 2d 372 (Fla. 1st DCA 1974).
Lest this conclusion be seen as license to depart from the Standard Jury Instructions as promulgated without good reason, we point to the decision of the Supreme Court of Florida in State v. Bryan, 287 So. 2d 73 (Fla.1973), which sets out the proper approach to the Standard Jury Instructions.
Accordingly, the judgment and sentence appealed from is affirmed.
AFFIRMED.
ANSTEAD and LETTS, JJ., concur.
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Bulk Carriers, Inc. v. Tuan Anh Truong, 629 So. 2d 960 (Fla. 4th DCA 1993)…tion given in answer to a question the jury asked. We find that there was no error in the minor modification to the standard charge. Even were it to have been error, a full review of the transcript convinces us it was harmless. See Edwards v. State, 351 So. 2d 358 (Fla. 4th DCA 1977). Appellant also challenges as cumulative various other evidentiary rulings. However, the objections made at trial did not preserve most of these issues for appeal or they were harmless. Having reviewed the full trial transcri…
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Holmes v. State, 412 So. 2d 429 (Fla. 4th DCA 1982)…a number of cases. See, e.g., State v. Bryan, 287 So. 2d 73 (Fla.1973), cert. denied, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d 216 (1974); Davis v. State, 373 So. 2d 382 (Fla. 4th DCA 1979), cert. denied, 385 So. 2d 756 (Fla.1980); Edwards v. State, 351 So. 2d 358 (Fla. 4th DCA 1977). . At the charge conference the attorneys for appellant and his codefendant submitted a written request for a jury instruction that intent to deprive the victim is an essential element of the crime, citing the Supreme Court’s op…
Authorities Cited
- State v. Bryan, 287 So. 2d 73 (Fla. 1973)
- Leverette v. State, 295 So. 2d 372 (Fla. 1st DCA 1974)