Poole v. State, 94-2731.
| Decision Date | 21 June 1996 |
| Docket Number | No. 94-2731.,94-2731. |
| Citation | 674 So.2d 746 |
| Parties | James Michael POOLE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.
Rehearing, Rehearing En Banc, and Certification of Conflict Denied; Certification of Question Granted June 21, 1996.
This case fits squarely within our holding in Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995), which controls the outcome here. In Jones, as here, the trial court gave extemporaneous instructions to the jury that denigrate the reasonable doubt standard. We held in Jones that it was fundamental error to instruct a 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.
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Doctor v. State
...FLW D79], review granted (Fla. Case no. 87,916, July 19, 1996); Cifuentes v. State, 674 So.2d 743 (Fla. 4th DCA 1996); Poole v. State, 674 So.2d 746 (Fla. 4th DCA 1996); McInnis v. State, 671 So.2d 803 (Fla. 4th DCA 1996); Pierce v. State, 671 So.2d 186 (Fla. 4th DCA 1996), review granted 6......
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State v. Poole
...and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for Respondent. SHAW, Justice. We have for review Poole v. State, 674 So.2d 746 (Fla. 4th DCA 1996), wherein the district court certified as questions of great public importance the same questions before this Court in State v......
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