State v. Davis

The State of Florida petitions this court for a writ of certiorari, seeking to quash a nonfinal order of the lower tribunal in this ongoing criminal prosecution. We grant the petition.

The respondent was charged with two counts of aggravated assault and one count of carrying a concealed firearm. At the charge conference, the state requested *9that the jury be given Florida Standard Jury Instruction 3.10(5), which reads:

Your duty is to determine if the Defendant has been proven guilty or not, in accord with the law. It is the Judge’s job to determine a proper sentence if the Defendant is found…