THOMAS v. STATE (2024)

District Court of Appeal of Florida, Third District.

Melchi THOMAS, Appellant, v. The STATE of Florida, Appellee.

No. 3D22-0785

Decided: March 27, 2024

Before EMAS, LINDSEY and LOBREE, JJ.

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.

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).

PER CURIAM.

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