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674 So. 2d 746

Poole v. State

District Court of Appeal of Florida

Decided January 24, 1996

District Court of Appeal of Florida · decided 1996-01-24

Cited by 2 later decisions — most recently December 1996

2 state decisions

Relies on Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-24

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PER CURIAM.

¶1This 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 Jonesthat 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.

POLEN, KLEIN and PARIENTE, JJ., concur.
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