State v. Renforth

OPINION

FIDEL, Judge.

In this case we confront the elusive definition of “clear and convincing evidence.”

Defendant Curtis Oliver Renforth was tried before a jury and convicted of the crime of aggravated assault, a dangerous felony. Renforth did not deny assaultive conduct, but defended on the ground that he was, at the time of that conduct, insane. From his conviction and sentence to a mitigated five year prison term, Renforth appeals. The focus of his appeal is a jury instruction in which the trial judge defined Renforth’s burden to prove insanity by clear and convincing evidence.

Renforth’s…