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Joshua E. Burgos, Appellant, v. The State of Florida, Appellee.
Affirmed. See Baxter v. State, 318 So. 3d 601, 603 (Fla. 3d DCA 2021) (“Where ‘a rational trier of fact could lawfully find that the evidence proved the existence of all the elements of the crime ․ beyond a reasonable doubt,’ the appellate court should defer to the trial court's denial of a motion for judgment of acquittal.” (quoting Sandhaus v. State, 200 So. 3d 112, 114 (Fla. 5th DCA 2016))); Senser v. State, 243 So. 3d 1003, 1010 (Fla. 4th DCA 2018) (“Trial judges have wide discretion in decisions regarding jury instructions, and the appellate courts will not reverse a decision regarding an instruction in the absence of a prejudicial error that would result in a miscarriage of justice.” (quoting Lewis v. State, 693 So. 2d 1055, 1058 (Fla. 4th DCA 1997))); Willoughby v. State, 296 So. 3d 574, 578 (Fla. 5th DCA 2020) (finding trial court's erroneous inclusion of jury instruction on principals harmless because jury returned verdict including specific findings that defendant possessed and discharged firearm); Talley v. State, 260 So. 3d 562, 572 (Fla. 3d DCA 2019) (“In order to preserve an allegedly improper prosecutorial comment for review, a defendant must object to the comment and move for a mistrial.” (quoting State v. Revenel, 184 So. 3d 629, 631 (Fla. 3d DCA 2016))).
PER CURIAM.
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Docket No: No. 3D23-1083
Decided: May 28, 2025
Court: District Court of Appeal of Florida, Third District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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