SADY WALDINA FERNANDEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Alfaro v. State, 837 So. 2d 429 (Fla. 4th DCA 2002)
  …m of right defense, then failure of the trial court to instruct the jury regarding such defense, even absent a request for a claim of right instruction or objection to its omission, constitutes fundamental error. Id. at 1058 (citing Howard v. State, 561 So. 2d 1362, 1362 (Fla. 3d DCA 1990); Tobey v. State, 533 So. 2d 1198, 1200 (Fla. 2d DCA 1988); Thomas v. State, 526 So. 2d 183, 184 (Fla. 3d DCA 1988)). We take this opportunity to clarify that we do not adopt these holdings, as we believe that they are in con…
• Abdullah Hakeem Muteei v. State, 708 So. 2d 626 (Fla. 3d DCA 1998)
  …e appropriate instruction was neither requested nor given, in Motley the instruction was given but was erroneous and misleading. The defense attorney’s efforts at clarification were unsuccessful. . Although not relied on by Muteei, Howard v. State, 561 So. 2d 1362 (Fla. 3d DCA 1990), reiterates the Thomas conclusion that failure to give an instruction on a defense encompassed within the evidence is fundamental error, reviewable even in the absence of a specifically requested instruction or objection. We note…
• Torin L. Chalmers v. State, 789 So. 2d 1057 (Fla. 4th DCA 2001)
  …l basis of their defense, and reversed the convictions. Id. at 798-99. Here, defense counsel failed to request a claim of right instruction or object to its omission. Such an omission has been found to constitute fundamental error. Howard v. State, 561 So. 2d 1362, 1362 (Fla. 3d DCA 1990); Tobey v. State, 533 So. 2d 1198, 1200 (Fla. 2d DCA 1988); Thomas v. State, 526 So. 2d 183, 184 (Fla. 3d DCA 1988). Chalmers contends that his theory of defense was that he was entitled to hold the property until Cook paid…

Authorities Cited

• State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)