4D2023-0508
The Fourth DCA held that omitting Standard Jury Instruction 3.7 (reasonable doubt and presumption of innocence) from the final jury charge constitutes fundamental error requiring a new trial, even though the trial court gave fragmented instructions on reasonable doubt during voir dire and at other points in the trial. The court also noted, though moot, that the trial court erred in sentencing the defendant as a PRR on a fleeing-or-eluding count, aligning with existing precedent that fleeing or eluding does not qualify for PRR sentencing.
Key facts
- Defendant was convicted of crimes including fleeing or eluding police in a trial court proceeding.
- The trial court failed to include Standard Jury Instruction 3.7 on reasonable doubt and presumption of innocence in the final jury charge, though fragmented instructions on reasonable doubt were given during voir dire and at other points during trial.
- +2 more key facts with a free trial
Why it matters
This decision reinforces a clear, recurring rule across Florida's district courts that omission of the complete reasonable-doubt/presumption-of-innocence instruction from the final jury charge is fundamental error… — full analysis with a trial
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