Ortega v. State

District Court of Appeal of Florida

Ortega v. State

438 So. 2d 934, 1983 Fla. App. LEXIS 24489

CourtDistrict Court of Appeal of Florida

DecidedOctober 4, 1983

DocketNo. 82-1562

StatusPublished

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This text of 438 So. 2d 934 (Ortega v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ortega v. State, 438 So. 2d 934, 1983 Fla. App. LEXIS 24489 (Fla. Ct. App. 1983).

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Opinion

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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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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438 So. 2d 934, 1983 Fla. App. LEXIS 24489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortega-v-state-fladistctapp-1983.

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