CARLOS MANUEL ORTEGA, A/K/A MARCUS NEREY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1983-10-04
No. 82-1562
Before HENDRY, NESBITT and BAS-KIN, JJ.
438 So. 2d 934 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment appealed from is affirmed upon the holding that (1) the instructions as a whole clearly and adequately enabled the jury to consider the theory of the defense: McKinney v. State, 428 So. 2d 322 (Fla. 1st DCA 1983); Leonard v. State, 423 So. 2d 594 (Fla. 3d DCA 1982); Scott v. State, 396 So. 2d 271 (Fla. 3d DCA 1981); Marcum v. State, 379 So. 2d 974 (Fla. 5th DCA 1979), cert. denied, 389 So. 2d 1112 (Fla.1980); Diez v. State, 359 So. 2d 55 (Fla. 3d DCA 1978), (2) the evidence was legally sufficient to support the jury verdict: Tibbs v. State, 397 So. 2d 1120 (Fla.1981), aff’d, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); S.W. v. State, 431 So. 2d 342 (Fla. 2d DCA 1983); Jackson v. State, 419 So. 2d 394 (Fla. 4th DCA 1982); Moore v. State, 418 So. 2d 435 (Fla. 3d DCA 1982); Knight v. State, 392 So. 2d 337 (Fla. 3d DCA), rev. denied, 399 So. 2d 1143 (Fla.1981), and (3) jury instructions are within the sound discretion of the trial court; instructions must be complete on the subject involved: Griffin v. State, 414 So. 2d 1025 (Fla.1982); Henry v. State, 359 So. 2d 864 (Fla.1978); Cole v. State, 353 So. 2d 952 (Fla. 2d DCA 1978).

Affirmed.


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  • Quinn v. State, 662 So. 2d 947 (Fla. 5th DCA 1995)
    …esumed to be socially and economically disadvantaged individuals. Fla.Admin.Code R. 14-78.002(1). . Fla.Admin.Code R. 14-78.005(3)(e). . Thomas v. State, 494 So. 2d 240 (Fla. 4th DCA 1986), rev. denied, 506 So. 2d 1043 (Fla.1987); Ortega v. State, 438 So. 2d 934 (Fla. 3d DCA 1983); Turner v. State, 423 So. 2d 594 (Fla. 3d DCA 1982). . Florida Administrative Code Rule 14-78.005 provides: (3) A firm seeking certification as a DBE shall meet the following standards: (a) The firm must be a small business con…
  • Bruce v. State, 450 So. 2d 347 (Fla. 3d DCA 1984)
    …PER CURIAM. Affirmed. Oliver v. State, 393 So. 2d 1191 (Fla. 3d DCA 1981); Whipple v. State, 438 So. 2d 934 (Fla. 3d DCA 1983).…

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