Aget v. State

BASKIN, Judge.

Angel Aget, appealing his conviction for the sale of diazepan, cites as prejudicial error the trial court’s instruction charging the jury, over defense objection, to consider the testimony of an accomplice with great caution. Finding merit in appellant’s assertion, we reverse.

In Dudley v. State, 405 So.2d 304, 305, 306 (Fla. 4th DCA 1981), the court stated *68the general rule regarding the use of the accomplice testimony instruction:

This instruction is intended to be used when the state presents the testimony of an accomplice whose motivation for testifying against his alleged…