ROLANDO RODRIGUEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-06-12

No. 3D01-1397

Before SCHWARTZ, C.J., and JORGENSON, J., and NESBITT, Senior Judge.

818 So. 2d 654 Florida District Court of Appeal, Third District (2002) Positive Treatment

Cited by 2 cases

Opinion of the Court

PER CURIAM.

Affirmed. See Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996); State v. Irvin, 483 So. 2d 461 (Fla. 5th DCA 1986), review denied, 491 So. 2d 279 (Fla.1986).

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Cited By

Bienvenido Bassallo v. State, 46 So. 3d 1205 (Fla. 4th DCA 2010)

…ough appellant did not object to the jury instructions, or to this comment by the State during closing, “the instruction given, coupled with the prosecutor’s comments, served to mislead the jury as to the entire theory of defense.” Pollock v. State, 818 So. 2d 654, 657 (Fla. 3d DCA 2002). This amounts to fundamental error. See id. Reversed and Remanded for a New Trial. WARNER and LEVINE, JJ., concur. . The trial court questioned whether the soap stone was a deadly weapon, and appellant responded that it wa…
Rooney Lee Thomas v. State, 831 So. 2d 253 (Fla. 3d DCA 2002)

…the jury. An incorrect jury instruction on the defense of justifiable use of deadly and non-deadly force constitutes fundamental error if there is a reasonable possibility that the instruction may have led to the conviction. See Pollock v. State, 818 So. 2d 654 (Fla. 3d DCA 2002); Pieczynski v. State, 516 So. 2d 1048 (Fla. 3d DCA 1987). [*254] Such an error is compounded where the prosecutor emphasizes the lack of a threat of imminent harm during closing arguments. See Pollock v. State, 818 So. 2d 654 (Fla…

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Authorities Cited

Whren v. United States, 517 U.S. 806 (U.S. 1996)
State v. Irvin, 483 So. 2d 461 (Fla. 5th DCA 1986)

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