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SMITH v. STATE

No. 5D99-1607.

764 So.2d 774 (2000)

Donald Walter SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 15, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, J.

Smith appeals from his conviction and sentence for first degree arson after a jury trial. He argues that the trial court erred in not giving paragraph six of the following Florida Standard Jury Instruction (Crim.):

2.04 Weighing the Evidence It is up to you to decide what evidence is reliable. You should use your common sense in deciding which is the best evidence, and which evidence should...

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