McCray v. State

Full title: MICHAEL ANTHONY McCRAY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 24, 1985

480 So. 2d 217 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1344.

December 24, 1985.

Appeal from the Circuit Court for Dade County; Richard Yale Feder, Judge.

Bennett H. Brummer, Public Defender and Rick S. Cullen, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Carolyn M. Snurkowski, and Michael Neiman, Asst. Attys. Gen., for appellee.

Before BARKDULL, HENDRY and FERGUSON, JJ.

PER CURIAM.

A failure to give a requested jury instruction, prior to the jury retiring, on the law applicable to the theory of the defense, constitutes error if there is evidence introduced to support the instruction. Hudson v. State, 408 So.2d 224 (Fla. 4th DCA 1981); Williams v. State, 395 So.2d 1236 (Fla. 4th DCA 1981); Hudson v. State, 381 So.2d 344 (Fla. 3d DCA 1980). Therefore we reverse the verdict, adjudication and sentence under review and remand for a new trial.

Reversed and remanded.