GARCIA v. STATE

No. 2D13-805.

143 So.3d 1105 (2014)

Jose L. GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 1, 2014.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Judith Ellis , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and John M. Klawikofsky , Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Judge.

Jose L. Garcia appeals his judgment and sentence of life in prison for capital sexual battery. We reverse the judgment and sentence and remand for a new trial because the trial court instructed the jury using the wrong standard instruction. This error resulted in the jury receiving an instruction that contained a wrong element of the offense when that element was in dispute and material to the jury's deliberations.

The amended information...

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