Melchi Thomas v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: March 27, 2024
• Docket: 2022-0785
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 27, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-0785 Lower Tribunal No. F16-17929A ________________

Melchi Thomas, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.

Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before EMAS, LINDSEY and LOBREE, JJ.

PER CURIAM. Affirmed. See Talley v. State, 260 So. 3d 562 (Fla. 3d DCA 2019)

(noting that appellate courts “review the denial of a criminal defendant's

request for a special jury instruction under an abuse of discretion standard.”);

Stephens v. State, 787 So. 2d 747, 755-56 (Fla. 2001) (noting that, on appeal

from a conviction, the defendant “has the burden of demonstrating that the

trial court abused its discretion in giving standard instructions” and to be

entitled to a special jury instruction, the defense must establish “(1) the

special instruction was supported by the evidence; (2) the standard

instruction did not adequately cover the theory of defense; and (3) the special

instruction was a correct statement of the law and not misleading or

confusing.”). See also Alvarez v. State, 890 So. 2d 389, 395-97 (Fla. 1st

DCA 2004).