Burnette v. State

Full title: Clarence William BURNETTE, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Jan 10, 2013

103 So. 3d 1059 (Fla. Dist. Ct. App. 2013)

Opinion

No. 1D11–920.

2013-01-10

Clarence William BURNETTE, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Santa Rosa County. David Rimmer, Judge. Nancy A. Daniels, Public Defender, and Adam S. Tanenbaum, Special Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

An appeal from the Circuit Court for Santa Rosa County. David Rimmer, Judge.
Nancy A. Daniels, Public Defender, and Adam S. Tanenbaum, Special Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.

Appellant challenges his conviction and sentence on four grounds. We need only address Appellant's third contention: that the failure to give Standard Jury Instruction in Criminal Cases 3.7 regarding reasonable doubt was fundamental error. The State commendably concedes error on this point on the authority of Cavagnaro v. State, ––– So.3d –––– (Fla. 3d DCA 2012), which we adopt. Because we reverse on this point and remand for a new trial, we need not reach Appellant's remaining contentions.

REVERSED and REMANDED.

WOLF, VAN NORTWICK, and LEWIS, JJ., concur.