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LOWE v. STATE

No. 96-1085.

681 So.2d 916 (1996)

Zitroy LOWE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

October 23, 1996.

Attorney(s) appearing for the Case

Zitroy Lowe, Miami, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Sharon A. Wood, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

We grant the petition for writ of habeas corpus and direct that the matter proceed as a belated appeal upon the question whether the trial court's preliminary instruction regarding the definition of reasonable doubt constituted prejudicial error.

Only upon the filing and review of the transcripts of all instructions by the trial court upon this question and after full briefing on this point can this issue be resolved.

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