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McINNIS v. STATE

No. 94-2792.

671 So.2d 803 (1996)

James McINNIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing and Rehearing and Granting Certification April 17, 1996.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.

Order Denying Rehearing and Rehearing En Banc and Granting Certification April 17, 1996.

POLEN, Judge.

James McInnis appeals from a final judgment and sentence convicting him of grand theft. McInnis alleges that the trial court fundamentally erred by unlawfully minimizing the "beyond a reasonable doubt" standard by instructing the venire that the state need not prove its case "to perfection or certainty." We agree and reverse.

The instruction given...

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