Morgan v. State

ALTENBERND, Judge.

Don Earle Morgan appeals his judgments and sentences for criminal mischief and burglary of a dwelling. See §§ 806.13(l)(a), (b)(2), 810.02(l)(b), (3), Fla. Stat. (2013). We reverse because the trial court’s unusual discussion of the law during jury selection and the error in the jury instructions require that Mr. Morgan receive a new trial.

I. THE INCIDENT AT THE TRAILER

Mr. Morgan was very intoxicated on the evening of March 1, 2014. At approximately 11 p.m., beer can in hand, he banged on the back door of a mobile home in Highlands County. The mobile- home was occupied at…