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FREUND v. STATE

No. 70565.

520 So.2d 556 (1988)

John S. FREUND, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied April 1, 1988.

Attorney(s) appearing for the Case

Douglas N. Duncan of Cone, Wagner, Nugent, Johnson, Roth and Romano, P.A., West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for respondent.

BARKETT, Justice.

We have for review Freund v. State, 506 So.2d 437 (Fla. 4th DCA 1987), which certified the following question of great public importance:

Whether the Florida Supreme Court's holding in Yohn v. State, 476 So.2d 123 (Fla. 1985), is violated when, prior to issuance of the Yohn opinion, a trial court instructs the jury with the old standard instruction...

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