Smith v. State

Smith appeals his judgment and sentence for possession of a firearm by a convicted felon. He argues that the trial *1099court erred in reinstructing the jury on the defense of necessity. Smith claims that the court’s instruction was incomplete and confusing because it failed to explain the standard of proof in addition to who has the burden of proof. We disagree.

Smith was tried for possession of a firearm by a convicted felon. At the conclusion of the evidence, Smith requested and obtained the Florida Standard Jury Instruction on the affirmative defense of duress or necessity. During jury…