KRAUSE v. STATE

No. 4D09-4086.

98 So.3d 71 (2012)

Craig KRAUSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2012.


Attorney(s) appearing for the Case

Stephen J. Finta of Law Offices of Stephen J. Finta, P.A., Fort Lauderdale, Special Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard Valuntas , Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The issue presented in this case is whether the trial court committed fundamental error by instructing the jury that voluntary intoxication was not a defense, even though at the date of the commission of the crime, voluntary intoxication was still a viable defense. Although the trial court incorrectly instructed the jury on the law, we find the error was not fundamental error and does not compel a reversal.

Craig Krause resided with the victim...

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