Opinion
Case No. 3D01-704
Opinion filed September 26, 2001.
An Appeal from the Circuit Court for Monroe County, Mark Jones, Judge. Lower Tribunal No. 00-577.
Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Steven R. Parrish, Assistant Attorney General, for appellee.
Before JORGENSON, GREEN, and SORONDO, JJ.
Affirmed. See Simon v. State, 589 So.2d 381 (Fla. 4th DCA 1991) (holding that some evidence must be introduced to support a jury instruction on a defense theory).