Solomon v. State
| Citation | 436 So.2d 1041 |
| Decision Date | 24 August 1983 |
| Docket Number | No. AR-156,AR-156 |
| Parties | Willie George SOLOMON, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Louis O. Frost, Jr., Public Defender, and James T. Miller, Asst. Public Defender, Jacksonville, for appellant.
Jim Smith, Atty. Gen., and Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee.
This cause is before us on appeal from a judgment and sentence for felony petit theft, in which appellant makes several assertions of error. We agree with appellant that the trial court erred in refusing to give a jury instruction on abandonment. A defendant is entitled to a jury instruction on the theory of his defense if there is evidence in the record to support it, regardless of how weak or improbable it may be. Holley v. State, 423 So.2d 562 (Fla. 1st DCA 1982). We find no merit to appellant's other assertions.
This cause is reversed and remanded for new trial.
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White v. State, 91-3959
...conviction and remanding for a new trial based on the trial court's failure to give an appropriate jury instruction in Solomon v. State, 436 So.2d 1041 (Fla. 1st DCA1983), we A defendant is entitled to a jury instruction on the theory of his defense if there is evidence in the record to sup......
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Carruthers v. State, 92-3173
...if there is any evidence introduced to support the instruction. Hudson v. State, 408 So.2d 224 (Fla. 4th DCA 1981); Solomon v. State, 436 So.2d 1041 (Fla. 1st DCA 1983). Section 777.04(1) states in pertinent Whoever attempts to commit an offense prohibited by law and in such attempt does an......
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Rockerman v. State, 1D00-1092.
...the record to support it." Holley v. State, 423 So.2d 562, 564 (Fla. 1st DCA 1982); see Williams, 588 So.2d at 45; Solomon v. State, 436 So.2d 1041, 1041 (Fla. 1st DCA 1983). At issue in the present case is whether evidence offered solely for purposes of impeachment by prior inconsistent st......
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Ambrister v. State
...(Fla.1982); Bryant v. State, 412 So.2d 347 (Fla.1982). See also : Pope v. State, 458 So.2d 327 (Fla. 1st DCA 1984), Solomon v. State, 436 So.2d 1041 (Fla. 1st DCA 1983); Holley v. State, 423 So.2d 562 (Fla. 1st DCA 1982); Muro v. State, 445 So.2d 374, (Fla. 3rd DCA In this case there is rec......