J.T.R., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-05-18
No. 3D04-2157
Before RAMIREZ, SHEPHERD, and SUAREZ, JJ.
901 So. 2d 409 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See O’Brien v. State, 546 So. 2d 32 (Fla. 3d DCA 1989) (stating that where the robbery victim testified that the defendant had lifted his shirt thereby revealing the handle of a gun protruding from his waistband, but admitted that she had only seen guns in movies, the extent of the witness’ knowledge goes to the weight of her testimony, which was properly submitted to the jury).


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  • Barnes v. State, 108 So. 3d 700 (Fla. 1st DCA 2013)
    …request and by law, to a jury instruction on the law pertaining to the theory of defense if any evidence supports the theory, irrespective of how weak this evidence is. See Quick v. State, 46 So. 3d 1159, 1160 (Fla. 4th DCA 2010); Chavers v. State, 901 So. 2d 409, 410-11 (Fla. 1st DCA 2005). In deciding whether to give a requested instruction, the trial court cannot weigh the evidence; it is enough if any evidence supports the defense. Terwilliger v. State, 535 So. 2d 346, 347 (Fla. 1st DCA 1988). Contending…
  • Cliff Berry, Inc. v. State, 116 So. 3d 394 (Fla. 3d DCA 2012)
    …is v. State, 973 So. 2d 1153, 1157 (Fla. 1st DCA 2006) (finding that a self-defense instruction was required based on facts including the defendant’s testimony that the victim was the aggressor and he was simply defending himself); Chavers v. State, 901 So. 2d 409, 411 (Fla. 1st DCA 2005) (holding the lower court erred in failing to give the requested instruction in a self-defense case where the defendant testified that he suffered from a nervous condition and that he reacted out of fear for his own safety);…
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  • Davis v. State, 937 So. 2d 300 (Fla. 4th DCA 2006)
    …al judge of the merits of the entrapment defense because the judge may not reweigh the evidence to determine if the instruction is appropriate. It is enough if the entrapment defense is suggested by the evidence presented at trial. Chavers v. State, 901 So. 2d 409 (Fla. 1st DCA 2005). Trial judges have wide discretion in decisions regarding jury instructions. The discretion is narrower in a criminal case due to the defendant’s right.to have the jury instructed as to the theory of a valid defense. Goode v. St…

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