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664 So. 2d 6

Docket No. 94-0197.

Rayfield v. State

Donald RAYFIELD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 23, 1995.

District Court of Appeal of Florida · decided 1995-08-23

Cited by 9 later decisions — most recently April 2001

9 state decisions

Relies on Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-23

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¶1Richard L. Jorandby, Public Defender and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4This 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.

¶5Accordingly, as we did in Jones, we reverse and remand for a new trial.

¶6REVERSED.

¶7STONE, FARMER, and STEVENSON, JJ., concur.

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