Cifuentes v. State

POLEN, Judge.

Romeo Cifuentes appeals from a final judgment and sentence convicting him of conspiracy to traffic in cocaine, and trafficking in cocaine over 400 grams. He raises five separate points on appeal, one of which warrants reversal.

Cifuentes argues, and we agree that the following instruction given to the jury venire constitutes fundamental error as it suggests that the state’s burden of proof does not require complete certainty before the defendant can be found guilty:

Now, the third cardinal rule is that in order for you the jury to find the Defendant guilty, the State must convince…