WILLIE GEORGE SOLOMON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993)
  …hat the evidence, if accepted by the jury, could support a verdict of resisting without violence. In reversing a 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 stated: 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. See Eberhardt v. State, 550 So. 2d 102, 105…
• Carruthers v. State, 636 So. 2d 853 (Fla. 1st DCA 1994)
  …lled substance. A defendant is entitled to have the jury instructed on the law applicable to his theory of defense 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 part: Whoever attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such an offense, but fails in the perpetration or is intercepted or…
• Rockerman v. State, 773 So. 2d 602 (Fla. 1st DCA 2000)
  …axiomatic that a defendant is entitled to a jury instruction on the theory of his defense if there is evidence in 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 statements is properly viewed as support for an affirmative defense. One Frank McFarland, among others, tes…

Authorities Cited

• Short v. State, 423 So. 2d 562 (Fla. 2d DCA 1982)
• Holley v. State, 423 So. 2d 562 (Fla. 1st DCA 1982)