Summary
In Valverde, the court relied on Hunter for a rule that failure to instruct the jury on the burden of proof for self defense is inherently fundamental error, much as Defendant argues here. Although acknowledging that "to prove fundamental error, a defendant must show... that the error prejudiced him," the court in Valverde did not engage in a separate analysis of whether that defendant was prejudiced by that error, as required by Henderson.
Summary of this case from State v. KarrOpinion
No. 3D08-2312.
September 23, 2008.
Florida Decisions Without Published Opinions Cert.den.