Pozo v. State

CourtFlorida Supreme Court
CitationPozo v. State, 691 So.2d 1081 (Fla. 1997)
Decision Date19 March 1997
PartiesTony Pozo v. State NO. 89,532

Appeal From: 1st DCA, 682 So.2d 1124

Disposition: Rev. den.

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3 cases
  • Bozeman v. State
    • United States
    • Florida District Court of Appeals
    • July 1, 1998
    ... ... The jury found appellant guilty as charged ...         A trial court's decision on the giving or withholding of a proposed jury instruction is reviewed under the abuse of discretion standard of review. See Pozo v. State, 682 So.2d 1124, 1126 (Fla. 1st DCA 1996), rev. denied, 691 So.2d 1081 (Fla.1997); see also Lewis v. State, 693 So.2d 1055, 1058 (Fla. 4th DCA), rev. denied, 700 So.2d 686 (Fla.1997). Yet, as both parties have pointed out in their briefs, a defendant is entitled to have his jury ... ...
  • Worley v. State
    • United States
    • Florida District Court of Appeals
    • July 3, 2003
    ... ... We disagree ...         The giving or withholding by a trial court of a requested jury instruction is reviewed under an abuse of discretion standard of review. See Palmore v. State, 848 So.2d 492 838 So.2d 1222 (Fla. 1st DCA 2003); Pozo v. State, 682 So.2d 1124 (Fla. 1st DCA 1996), rev. denied 691 So.2d 1081 (Fla. 1997). In a criminal proceeding the discretion of the trial court in this regard is rather narrow, however, because a criminal defendant is entitled to have the jury instructed on his or her theory of defense if there is ... ...
  • Palmore v. State
    • United States
    • Florida District Court of Appeals
    • March 7, 2003
    ... ... Finding the issue preserved for appeal, we agree with Appellant and reverse and remand for a new trial ...         The giving or withholding of a requested jury instruction is reviewed under the abuse of discretion standard of review. See Pozo v. State, 682 So.2d 1124, 1126 (Fla. 1st DCA 1996), rev. denied, 691 So.2d 1081 (Fla.1997); see also Bozeman v. State, 714 So.2d 570 (Fla. 1st DCA 1998). However, the trial judge's discretion is fairly narrow because a criminal defendant is entitled, by law, to have the jury instructed on his ... ...