Tuten v. State

Full title: JONATHAN I. TUTEN, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 31, 2002

816 So. 2d 1236 (Fla. Dist. Ct. App. 2002)

Opinion

No. 5D01-332.

May 31, 2002.

Appeal from the Circuit Court for Citrus County, Barbara Gurrola, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Roller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Reyka v. Halifax Hosp. Dist., 657 So.2d 967, 969 (Fla. 5th DCA 1995) (On appeal, the trial court's decision to give a particular instruction will not be reversed "unless the error complained of resulted in a miscarriage of justice, or where the instruction or failure to give a requested instruction was reasonably calculated to confuse or mislead the jury.").

THOMPSON, C.J., PALMER and ORFINGER, R.B., JJ., concur.