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THOMAS v. STATE (2024)

District Court of Appeal of Florida, Third District.2024-03-27No. No. 3D22-0785

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Affirmed. See Talley v. State, 260 So. 3d 562 (Fla. 3d DCA 2019) (noting that appellate courts “review the denial of a criminal defendants request for a special jury instruction under an abuse of discretion standard.”); Stephens v. State, 787 So. 2d 747, 755-56 (Fla. 2001) (noting that, on appeal from a conviction, the defendant “has the burden of demonstrating that the trial court abused its discretion in giving standard instructions” and to be entitled to a special jury instruction, the defense must establish “(1) the special instruction was supported by the evidence; (2) the standard instruction did not adequately cover the theory of defense; and (3) the special instruction was a correct statement of the law and not misleading or confusing.”). See also Alvarez v. State, 890 So. 2d 389, 395-97 (Fla. 1st DCA 2004).

PER CURIAM.