Rodriguez v. State
Cases that cite this one
6 later published cases cite this decision.
- Clewis v. State (Fla. Dist. Ct. App. 1992)
- Covington v. State (Fla. Dist. Ct. App. 2003)
- Servis v. State (Fla. Dist. Ct. App. 2003)
- Avila v. State (Fla. Dist. Ct. App. 1995)
- Gonzalez v. State (Fla. Dist. Ct. App. 1987)
- Gulf Power Co. v. Kay (Fla. Dist. Ct. App. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Orestes RODRIGUEZ, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Jon W. Burke, Miami, for appellant.
Jim Smith, Atty. Gen., and Lisa A. Rosenthal and Margarita M. Febres, Asst. Attys. Gen., for appellee.
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
PER CURIAM.
We reject the defendant's contention that he was entitled to the entry of a judgment of acquittal on the ground that the evidence was insufficient to sustain his first-degree murder conviction. We also reject his alternative contention that the prosecutor's misstatement of the law during closing argument "If you believe [the defendant's story] is not credible and if you believe he took the stand and didn't tell the truth, he is guilty of first degree murder" could only be remedied by the grant of the defendant's request for a mistrial. We conclude instead that the harm of the unquestionably erroneous remark was capable of being cured by an instruction to the jury, and although the instruction given namely, to disregard the remark is arguably less than adequate, if the defendant was dissatisfied with the instruction, it was his burden to request a more adequate one.
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.