CLARENCE WILLIAM BURNETT, v. STATE OF FLORIDA

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CLARENCE WILLIAM BURNETTE, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D11-920 v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 10, 2013. An appeal from the Circuit Court for Santa Rosa County. David Rimmer, Judge. Nancy A. Daniels, Public Defender, and Adam S. Tanenbaum, Special Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant challenges his conviction and sentence on four grounds. We need only address Appellant s third contention: that the failure to give Standard Jury Instruction in Criminal Cases 3.7 regarding reasonable doubt was fundamental error. The State commendably concedes error on this point on the authority of Cavagnaro v. State, 37 Fla. L. Weekly D241 (Fla. 3d DCA Jan. 25, 2012), which we adopt. Because we reverse on this point and remand for a new trial, we need not reach Appellant s remaining contentions. REVERSED and REMANDED. WOLF, VAN NORTWICK, and LEWIS, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.