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Morejon v. State

District Court of Appeal of Florida, Third District
Aug 20, 1997
698 So. 2d 613 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-720

Opinion filed August 20, 1997. Rehearing Denied September 17, 1997.

An Appeal from the Circuit Court for Dade County, Martin D. Kahn, Judge.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before JORGENSON and SORONDO, JJ., and BARKDULL, Senior Judge.


Affirmed. Doctor v. State, 677 So.2d 1372 (Fla. 3d DCA 1996) (Schwartz, C.J., specially concurring) ("[The instructions] if erroneous, were not harmfully so in the light of the complete, and completely accurate instructions repeatedly given the jury on the burden of proof issue, particularly at the most critical time immediately before its deliberations."); Higginbotham v. State, 155 Fla. 274, 276-77, 19 So.2d 829, 830 (1944) ("[A] single instruction cannot be considered alone but must be considered in light of all other instructions bearing upon the same subject, and if, when so considered, the law appears to have been fairly presented to the jury, the assignment on the instruction must fail.").


Summaries of

Morejon v. State

District Court of Appeal of Florida, Third District
Aug 20, 1997
698 So. 2d 613 (Fla. Dist. Ct. App. 1997)
Case details for

Morejon v. State

Case Details

Full title:EDUARDO MOREJON, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 20, 1997

Citations

698 So. 2d 613 (Fla. Dist. Ct. App. 1997)