Finch v. State

This is an appeal by the defendant Joseph Finch from adjudications of guilt, sentences, and a probation order entered upon adverse jury verdicts for sexual battery, attempted sexual battery and aggravated assault. The sole point on appeal is that the trial court committed reversible error in denying a defense-requested jury instruction. We disagree and affirm for two reasons.

First, the trial court properly instructed the jury as to the burden of proof on an insanity defense in accord with Yohn v. State, 476 So.2d 123 (Fla.1985). This instruction stated:

“All persons are presumed to be sane.…