Thomas v. State

Appellant was charged by information with armed robbery, attempted armed robbery, and aggravated battery, tried by jury and found guilty of robbery with a weapon other than a deadly weapon, in violation of section 812.13(2)(b), Florida Statutes. The trial court entered judgment on the conviction and sentenced appellant to twenty-two years in prison.

In the instant case, appellant concedes that his trial counsel did not object to the instruction given on reasonable doubt. However, appellant claims that the trial court’s instruction on reasonable doubt amounts to fundamental error, and is…