Winegeart v. State

OPINION

RATLIFEF, Senior Judge.

STATEMENT OF THE CASE

Steve Winegeart appeals from his convietion of burglary, a class B felony.

We reverse and remand for a new trial.

ISSUE

Whether the jury instruction defining "reasonable doubt" constitutes fundamental error?

FACTS

On the evening of April 30, 1998, Wineg-eart was in the company of two friends. The trio went to an apartment and forced the front door open. A neighbor, who was looking through the peephole of her door, notified the police of the break-in. When the police arrived at the scene, Winegeart and his friends ran from the apartment, but were…