Miranda v. State

I am unable to agree with the majority’s conclusion that the jury’s question does not evidence any confusion. One does not seek clarification if one is not confused: confusion as to the charges against defendant warrants granting defendant’s motion for new trial.

“A misleading jury instruction creates both fundamental and reversible error.” Pugh v. State, 624 So.2d 277, 279 (Fla. 2d DCA 1993). The instruction impermissibly defined the submitted charge of burglary, in terms of criminal mischief, a charge of which the court had acquitted defendant by granting the motion for judgment of…