STATE v. JACOBS

No. 4D08-416.

8 So.3d 448 (2009)

STATE of Florida, Appellant, v. Timothy Lee JACOBS, Appellee.

District Court of Appeal of Florida, Fourth District.

April 8, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellee.


WARNER, J.

The state appeals a trial court order granting a prisoner's motion for postconviction relief and awarding a new trial on the crime of possession of a firearm by a convicted felon. At the original trial, the trial court instructed the jury to make a finding as to whether the defendant possessed a firearm but did not specifically instruct that the jury must find this element beyond a reasonable doubt. The trial court did give the standard instruction requiring...

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