O'KEEFE v. STATE

No. 4D09-1414.

47 So.3d 937 (2010)

John O'KEEFE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 17, 2010.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Paul E. Petillo , Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Myra J. Fried , Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

After the conclusion of closing argument in appellant's trial for organized fraud, the trial court changed the instruction on the elements of the crime, from an instruction requiring the jury to find that the appellant and his co-defendant engaged in a scheme to defraud, to an instruction requiring that the jury find that the appellant and/or his co-defendant engaged in a scheme to defraud. Because appellant had relied on the prior instruction...

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