Mccray v. State, 473 So. 2d 203

Lead Opinion

EHRLICH, Justice.

We accepted jurisdiction of this case because the district court certified the same question certified in Rotenberry v. State, 429 So.2d 378 (Fla. 1st DCA 1983), questioning the sufficiency of Florida Standard Jury Instruction (Criminal) 3.04(c). Today, we find the instruction adequate in Roten-berry v. State, 468 So.2d 971 and accordingly approve the decision below. 433 So.2d 5 (Fla. 4th DCA 1983). We find no merit to the other issues raised by petitioner.

It is so ordered.

BOYD, C.J., and OVERTON, ALDERMAN and McDONALD, JJ., concur. ADKINS, J., dissents with an opinion, in which SHAW, J., concurs.

---

Dissenting Opinion

ADKINS, Justice,

dissenting.

I dissent for the same reasons expressed in my dissent in Rotenberry v. State, 468 So.2d 971 (Fla.1985).

SHAW, J., concurs.

Case Details

Case Name: Mccray v. State

Court Name: Supreme Court of Florida

Date Published: Apr 25, 1985

Citations: 473 So. 2d 203; 10 Fla. L. Weekly 243; 1985 Fla. LEXIS 3036; No. 64058

Docket Number: No. 64058

Court Abbreviation: Fla.