NELSON v. STATE

No. 82-1045.

438 So.2d 1060 (1983)

Berry NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 19, 1983.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Grace M. Gonzalez, Asst. Atty. Gen., West Palm Beach, for appellee.


GLICKSTEIN, Judge.

The jury found the defendant guilty of murder in the first degree, and the state waived the death penalty, whereupon the defendant was sentenced to life imprisonment with a 25-year minimum. The defendant raises a number of grounds for reversal. One of them, in our opinion, warrants such action; namely, the trial court's instruction to the jury. Accordingly, we reverse and remand, finding the instruction to be coercive in effect.

The jury...

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