Randy Thomas, Appellant, v. The State of Florida, Appellee. (2023)

District Court of Appeal of Florida, Third District.

Randy Thomas, Appellant, v. The State of Florida, Appellee.

No. 3D22-1372

Decided: August 16, 2023

Before EMAS, FERNANDEZ and BOKOR, JJ.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Affirmed. Warren v. State, 307 So. 3d 871, 872 (Fla. 3d DCA 2020) (“[W]hile a trial judge is tasked with explaining to jurors the law they are to apply, the trial judge should rely upon, and seldom stray from, Florida's Standard Jury Instructions. This should not be interpreted as prohibiting a trial judge from using a hypothetical that properly explains the law, but due care must be taken in the process. ․ Trial judges must be ever mindful ‘that the high position which a judge holds in the scheme of the trial magnifies, in the minds of the jurors, the meaning of comments by the judge, to which he himself may not attach particular importance.’ ”) (quoting Kellum v. State, 104 So. 2d 99, 104 (Fla. 3d DCA 1958)).

PER CURIAM.

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