SUTTON v. STATE (2022)

District Court of Appeal of Florida, Third District.

Melvin SUTTON, Appellant, v. The STATE of Florida, Appellee.

No. 3D20-1497

Decided: March 23, 2022

Before MILLER, GORDO and BOKOR, JJ.

Whidden Johnson, P.L., and Wade M. Whidden and Karen A. Johnson (Tampa), for appellant. Ashley Moody, Attorney General, and Gabrielle Raemy Charest-Turken, Assistant Attorney General, for appellee.

Affirmed. Abbott v. State, 958 So. 2d 1140, 1142 (Fla. 4th DCA 2007) (“[T]he determination of whether fundamental error occurred in such cases requires that the instructions be examined in the context of the other jury instructions, the attorneys' arguments, and the evidence in the case.”) (citations omitted).

PER CURIAM.

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