VARIANCE v. STATE

No. 94-3019.

687 So.2d 1 (1996)

Richard VARIANCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion Certifying Question and Denying Stay May 1, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, Judge.

Richard Variance timely appeals from a final judgment following a jury verdict adjudicating him guilty of burglary. We reverse on Variance's only point on appeal.

Variance cites as fundamental error the trial court's extemporaneous instruction to the jury pool. Before voir dire, the court discussed with prospective jurors what it considered "cardinal rules" that apply to criminal trials. The third of those rules was that the jury should not require...

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