Beauvais v. State

District Court of Appeal of Florida

Beauvais v. State

57 So. 3d 263, 2011 Fla. App. LEXIS 3991, 2011 WL 1077764

District Court of Appeal of Florida·Decided March 25, 2011·No. No. 5D09-2377·Published

Opinion

PER CURIAM.

We affirm Appellant’s convictions for first-degree murder and robbery with a deadly weapon without further discussion. We reverse the conviction for burglary of a dwelling because the circular jury instruction constituted fundamental error. Lee v. State, 958 So.2d 521 (Fla. 2d DCA 2007). We remand for a new trial on the burglary count.

AFFIRMED in part; REVERSED in part, and REMANDED.

PALMER, TORPY and LAWSON, JJ., concur.

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PER CURIAM.

We affirm Appellant’s convictions for first-degree murder and robbery with a deadly weapon without further discussion. We reverse the conviction for burglary of a dwelling because the circular jury instruction constituted fundamental error. Lee v. State, 958 So.2d 521 (Fla. 2d DCA 2007). We remand for a new trial on the burglary count.

AFFIRMED in part; REVERSED in part, and REMANDED.

PALMER, TORPY and LAWSON, JJ., concur.

Beauvais v. State, 57 So. 3d 263, 2011 Fla. App. LEXIS 3991, 2011 WL 1077764 (Fla. Ct. App. 2011).

Pincite

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Opinion

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