Rodriguez v. State

POLEN, Judge.

Francisco Rodriguez appeals from a final judgment convicting him of attempted first degree murder using a knife, and aggravated battery with a deadly weapon. The charges resulted from a fight outside a bar during which Rodriguez stabbed the victims. Rodriguez raises four separate points on appeal, one of which warrants reversal.

We reverse because the instructions on reasonable doubt given by the trial court prior to empaneling the jury were identical to those that this court found to be fundamental error in Pierce v. State, 671 So.2d 186 (Fla. 4th DCA), rev. granted, 677 So.2d…