Ivory v. State
Ivory v. State
Opinion of the Court
Appellant asserts that the trial court erred in refusing to instruct the jury on his alibi defense when there was evidence presented, which had not been objected to by the state, to support his theory. We agree and reverse.
Appellant was charged with possession of cocaine within one thousand feet of a school. During trial, appellant’s fiance testified without objection that she had gone to a movie with appellant on the night of the incidents giving rise to the charges. Representing himself at trial, appellant requested that the court charge the jury on his alibi theory. In response, the state argued that since appellant failed to file a notice of alibi, in compliance with Florida Rule of Criminal Procedure 3.200, he was precluded from subsequently requesting the instruction during the charge conference. The trial court refused to give the instruction.
It is well settled that a defendant is entitled to have a jury instructed on the law applicable to his or her theory of the defense. See Williams v. State, 395 So.2d 1236, 1238 (Fla. 4th DCA 1981). In Ramsaran v. State, 664 So.2d 1106, 1107 (Fla. 4th DCA 1995), we held that it was reversible error to fail to instruct on the theory of alibi where evidence was presented supporting the defense, despite the defendant’s noncompliance with
Because of the reversal on the jury instruction, the remaining points on appeal are moot. However, one of the issues raised was the adequacy of the trial court’s Faretta inquiry.
Reversed and remanded for a new trial.
. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). In fact, in its brief the state conceded that the trial court did not conduct a proper inquiry.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.