VOWELS v. STATE

No. 5D09-114.

32 So.3d 720 (2010)

Robert VOWELS, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 9, 2010.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.


JACOBUS, J.

The appellant, Robert Vowels, challenges the judgment and sentence entered after a jury found him guilty of aggravated battery with a deadly weapon. Vowels contends that the trial court read an improper jury instruction and, in doing so, denied him a fair trial. We agree that the reading of the improper jury instruction in this case resulted in fundamental error and that Vowels' conviction and sentence should be reversed.

In November 2001, Vowels...

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