Fernandez v. State

Full title: ERNESTO FERNANDEZ, Appellant v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 21, 2000

760 So. 2d 300 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D98-1122.

Opinion filed June 21, 2000.

An Appeal from the Circuit Court for Dade County, Roberto M. Pineiro, Judge; L.T. No. 96-23936.

Julio Gutierrez, for appellant.

Robert A. Butterworth, Attorney General and Christine E. Zahralban and Roberta Mandel, Assistant Attorneys General, for appellee.

Before SCHWARTZ, C.J., and LEVY and GREEN, JJ.

PER CURIAM.

Rejecting both of the defendant's contentions on appeal, we conclude that a proposed instruction on the defense of voluntary intoxication was properly rejected, see Jacobs v. State, 396 So.2d 1113 (Fla. 1981), cert. denied, 454 U.S. 933 (1981), and that the evidence was sufficient to support the burglary conviction.

Affirmed.