STONE v. STATE

No. 2D11-5738.

110 So.3d 97 (2013)

Kevin Bruce STONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 13, 2013.


Attorney(s) appearing for the Case

Ita M. Neymotin , Regional Counsel, Second District, and Joseph Thye Sexton , Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Danilo Cruz-Carino , Assistant Attorney General, Tampa, for Appellee.


KHOUZAM, Judge.

Affirmed. See Williams v. State, 66 So.3d 360 (Fla. 2d DCA 2011). As in Williams, we hold that a trial court's failure to instruct the jury on section 812.025, Florida Statutes (2011), does not constitute fundamental error. Also as in Williams, we recognize conflict with Kiss v. State, 42 So.3d 810 (Fla. 4th DCA 2010), and certify to the Florida Supreme...

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