proposed jury instruction in Florida

2025See Quattrocchi v. State, 17 So. 3d 329, 332 (Fla. 3d DCA 2009) (providing that an appellate court reviews a trial court’s ruling permitting an amendment of the criminal information under an abuse of discretion standard); Bozeman v. State, 714 So. 2d 570, 572 (Fla. 1st DCA 1998) (stating that an appellate court reviews a trial court’s decision regarding giving or withholding a proposed jury instruction under an abuse of discretion standard); § 794.0115(2), Fla. Stat. (2023) (providing that under Florida’s “Dangerous Sexual Felony Offender Act,” in order to impose a 50- year minimum mandatory s

2024A trial court’s decision to withhold “a proposed jury instruction is reviewed under the abuse of discretion standard of review.” Aumuller v. State, 944 So. 2d 1137, 1142 (Fla. 2d DCA 2006) (quoting Bozeman v. State, 714 So. 2d 570, 572 (Fla. 1st DCA 1998)).

2025The Jury Instruction “Generally, a trial court’s decision to give or withhold a proposed jury instruction is reviewed for an abuse of discretion.” Vila v. State, 74 So. 3d 1110, 1112 (Fla. 5th DCA 2011); see also Espichan v. State, 391 So. 3d 653 , 656 (Fla. 6th DCA 2024); Gonzalez v. State, 6D23-509, 2024 WL 1689215 , at *5 (Fla. 6th DCA Apr. 19, 2024).

2025The Jury Instruction “Generally, a trial court’s decision to give or withhold a proposed jury instruction is reviewed for an abuse of discretion.” Vila v. State, 74 So. 3d 1110, 1112 (Fla. 5th DCA 2011); see also Espichan v. State, 391 So. 3d 653 , 656 (Fla. 6th DCA 2024); Gonzalez v. State, 6D23-509, 2024 WL 1689215 , at *5 (Fla. 6th DCA Apr. 19, 2024).

2025“However, in a criminal proceeding, the trial court’s discretion is narrower because a criminal defendant is entitled to have the jury instructed on his or her theory of defense if there is any evidence to support the theory and the theory is recognized as valid under Florida law.” Vila, 74 So. 3d at 1112 ; see also Espichan, 391 So. 3d at 656-57; Gonzalez, 2024 WL 1689215 , at *5 (“[I]n a criminal proceeding, the trial court’s discretion is limited by the defendant’s right to have the jury instructed on any valid theory of defense supported by record evidence.” (quoting Cliff Berry Inc. v. St

2025“However, in a criminal proceeding, the trial court’s discretion is narrower because a criminal defendant is entitled to have the jury instructed on his or her theory of defense if there is any evidence to support the theory and the theory is recognized as valid under Florida law.” Vila, 74 So. 3d at 1112 ; see also Espichan, 391 So. 3d at 656-57; Gonzalez, 2024 WL 1689215 , at *5 (“[I]n a criminal proceeding, the trial court’s discretion is limited by the defendant’s right to have the jury instructed on any valid theory of defense supported by record evidence.” (quoting Cliff Berry, Inc. v. S

2016Truett v. State, 105 So.3d 656, 658 (Fla. 1st DCA 2013); Langston v. State, 789 So.2d 1024, 1026 (Fla. 1st DCA 2001).

2015Truett v. State, 105 So.3d 656, 658 (Fla. 1st DCA 2013) (quoting Langston v. State, 789 So.2d 1024, 1026 (Fla. 1st DCA 2001)).

2015McKenzie v. State, 830 So.2d 234, 236 (Fla. 4th DCA 2002).

2010We review the trial court’s “decision on the giving or withholding of a proposed jury instruction ... under the abuse of discretion standard of review.” McKenzie v. State, 830 So.2d 234, 236 (Fla. 4th DCA 2002).

2011To prevail on appeal based upon the denial of a proposed jury instruction, the proponent of the instruction must establish that “the requested jury instruction contained an accurate statement of the law, that the facts of the case support the giving of the instruction, and that the instruction was necessary for the jury to properly resolve the issues in the case.” Giordano v. Ramirez, 503 So.2d 947, 949 (Fla. 3d DCA 1987).

2008For an appellate court to reverse based on the denial of a proposed jury instruction, the "appellant must establish that the requested instruction contained an accurate statement of the law, that the facts of the case support the giving of the instruction, and that the instruction was necessary for the jury to properly resolve the issues in the case." Giordano v. Ramirez, 503 So.2d 947, 949 (Fla. 3d DCA 1987).

2026See Weir v. State, 777 So. 2d 1073 , 1076–77 (Fla. 4th DCA 2001) (first quoting Lewis v. State, 693 So. 2d 1055, 1057 (Fla. 4th DCA 1997); and then citing Gross v. Lyons, 721 So. 2d 304 (Fla. 4th DCA 1998), decision approved, 763 So. 2d 276 (Fla. 2000)); Johnson v. State, 293 So. 3d 46 , 53 (Fla. 1st DCA 2020) ("The giving or withholding of a proposed jury instruction is reviewed for abuse of discretion." (citing Carle v. State, 983 So. 2d 693, 695 (Fla. 1st DCA 2008))).

1998See Pozo v. State, 682 So.2d 1124, 1126 (Fla. 1st DCA 1996), rev. denied, 691 So.2d 1081 (Fla.1997); see also Lewis v. State, 693 So.2d 1055, 1058 (Fla. 4th DCA), rev. denied, 700 So.2d 686 (Fla.1997).

2025“Generally, a trial court’s decision to give or withhold a proposed jury instruction is reviewed for an abuse of discretion.” Vila v. State, 74 So. 3d 1110, 1112 (Fla. 5th DCA 2011). “[D]ecisions regarding jury instructions are within the sound discretion of the trial court and should not be disturbed on appeal absent prejudicial error.” Coday v. State, 946 So. 2d 988, 994 (Fla. 2006) (quoting Goldschmidt v. Holman, 571 So. 2d 422, 425 (Fla. 1990)).

2021“A trial court abuses its discretion when it gives an instruction that is ‘reasonably calculated to confuse or mislead’ the jury.” Id. (quoting Goldschmidt v. Holman, 571 So. 2d 422, 425 (Fla. 1990)).

2025“Generally, a trial court’s decision to give or withhold a proposed jury instruction is reviewed for an abuse of discretion.” Vila v. State, 74 So. 3d 1110, 1112 (Fla. 5th DCA 2011). “[D]ecisions regarding jury instructions are within the sound discretion of the trial court and should not be disturbed on appeal absent prejudicial error.” Coday v. State, 946 So. 2d 988, 994 (Fla. 2006) (quoting Goldschmidt v. Holman, 571 So. 2d 422, 425 (Fla. 1990)).

2024“Nevertheless, in a criminal proceeding, the trial court’s 10 discretion is limited by the defendant’s right to have the jury instructed on any valid theory of defense supported by record evidence.” Cliff Berry Inc. v. State, 116 So. 3d 394 (Fla. 3d DCA 2012) (citing Coday v. State, 946 So. 2d 988, 994 (Fla. 2006)). “[A] defendant is ‘entitled to a jury instruction on his theory of the case if there is any evidence to support it,’ no matter how flimsy that evidence might be.” Wright v. State, 705 So. 2d 102, 104 (Fla. 4th DCA 1998) (quoting Garramone v. State, 636 So. 2d 869, 870 (Fla. 4th DCA

2024Campbell v. State, 812 So. 2d 540, 543 (Fla. 4th DCA 2002).

2002See Campbell v. State, 812 So.2d 540, 543 (Fla. 4th DCA 2002) (Decision "to give or withhold a proposed jury instruction is reviewed under an abuse of discretion standard.").

2019Kervin v. State, 195 So. 3d 1181, 1182 (Fla. 1st DCA 2016).

2019See Kervin v. State, 195 So. 3d 1181, 1182 (Fla. 1st DCA 2016) (“We review the trial court’s decision to give or withhold a proposed jury instruction for an abuse of 2 discretion.”).

2016Truett v. State, 105 So.3d 656, 658 (Fla. 1st DCA 2013); Langston v. State, 789 So.2d 1024, 1026 (Fla. 1st DCA 2001).

2015Truett v. State, 105 So.3d 656, 658 (Fla. 1st DCA 2013) (quoting Langston v. State, 789 So.2d 1024, 1026 (Fla. 1st DCA 2001)).

2026See Weir v. State, 777 So. 2d 1073 , 1076–77 (Fla. 4th DCA 2001) (first quoting Lewis v. State, 693 So. 2d 1055, 1057 (Fla. 4th DCA 1997); and then citing Gross v. Lyons, 721 So. 2d 304 (Fla. 4th DCA 1998), decision approved, 763 So. 2d 276 (Fla. 2000)); Johnson v. State, 293 So. 3d 46 , 53 (Fla. 1st DCA 2020) ("The giving or withholding of a proposed jury instruction is reviewed for abuse of discretion." (citing Carle v. State, 983 So. 2d 693, 695 (Fla. 1st DCA 2008))).

2026See Weir v. State, 777 So. 2d 1073 , 1076–77 (Fla. 4th DCA 2001) (first quoting Lewis v. State, 693 So. 2d 1055, 1057 (Fla. 4th DCA 1997); and then citing Gross v. Lyons, 721 So. 2d 304 (Fla. 4th DCA 1998), decision approved, 763 So. 2d 276 (Fla. 2000)); Johnson v. State, 293 So. 3d 46 , 53 (Fla. 1st DCA 2020) ("The giving or withholding of a proposed jury instruction is reviewed for abuse of discretion." (citing Carle v. State, 983 So. 2d 693, 695 (Fla. 1st DCA 2008))).

2025See Quattrocchi v. State, 17 So. 3d 329, 332 (Fla. 3d DCA 2009) (providing that an appellate court reviews a trial court’s ruling permitting an amendment of the criminal information under an abuse of discretion standard); Bozeman v. State, 714 So. 2d 570, 572 (Fla. 1st DCA 1998) (stating that an appellate court reviews a trial court’s decision regarding giving or withholding a proposed jury instruction under an abuse of discretion standard); § 794.0115(2), Fla. Stat. (2023) (providing that under Florida’s “Dangerous Sexual Felony Offender Act,” in order to impose a 50- year minimum mandatory s

2025See Quattrocchi v. State, 17 So. 3d 329, 332 (Fla. 3d DCA 2009) (providing that an appellate court reviews a trial court’s ruling permitting an amendment of the criminal information under an abuse of discretion standard); Bozeman v. State, 714 So. 2d 570, 572 (Fla. 1st DCA 1998) (stating that an appellate court reviews a trial court’s decision regarding giving or withholding a proposed jury instruction under an abuse of discretion standard); § 794.0115(2), Fla. Stat. (2023) (providing that under Florida’s “Dangerous Sexual Felony Offender Act,” in order to impose a 50- year minimum mandatory s

2025See Quattrocchi v. State, 17 So. 3d 329, 332 (Fla. 3d DCA 2009) (providing that an appellate court reviews a trial court’s ruling permitting an amendment of the criminal information under an abuse of discretion standard); Bozeman v. State, 714 So. 2d 570, 572 (Fla. 1st DCA 1998) (stating that an appellate court reviews a trial court’s decision regarding giving or withholding a proposed jury instruction under an abuse of discretion standard); § 794.0115(2), Fla. Stat. (2023) (providing that under Florida’s “Dangerous Sexual Felony Offender Act,” in order to impose a 50- year minimum mandatory s

2025“The test regarding jury instructions is whether, under the particular facts of the case, the instructions misled the jury or prejudiced a party’s right to a fair trial.” ITT- Nesbitt, Inc. v. Valle’s Steak House of Fort Lauderdale, Inc., 395 So. 2d 217, 220 (Fla. 4th DCA 1981).

2024A trial court’s decision to withhold “a proposed jury instruction is reviewed under the abuse of discretion standard of review.” Aumuller v. State, 944 So. 2d 1137, 1142 (Fla. 2d DCA 2006) (quoting Bozeman v. State, 714 So. 2d 570, 572 (Fla. 1st DCA 1998)).

2024Lantz v. State, 263 So. 3d 279, 283 (Fla. 1st DCA 2019).

2024“Nevertheless, in a criminal proceeding, the trial court’s 10 discretion is limited by the defendant’s right to have the jury instructed on any valid theory of defense supported by record evidence.” Cliff Berry Inc. v. State, 116 So. 3d 394 (Fla. 3d DCA 2012) (citing Coday v. State, 946 So. 2d 988, 994 (Fla. 2006)). “[A] defendant is ‘entitled to a jury instruction on his theory of the case if there is any evidence to support it,’ no matter how flimsy that evidence might be.” Wright v. State, 705 So. 2d 102, 104 (Fla. 4th DCA 1998) (quoting Garramone v. State, 636 So. 2d 869, 870 (Fla. 4th DCA

2024“Nevertheless, in a criminal proceeding, the trial court’s 10 discretion is limited by the defendant’s right to have the jury instructed on any valid theory of defense supported by record evidence.” Cliff Berry Inc. v. State, 116 So. 3d 394 (Fla. 3d DCA 2012) (citing Coday v. State, 946 So. 2d 988, 994 (Fla. 2006)). “[A] defendant is ‘entitled to a jury instruction on his theory of the case if there is any evidence to support it,’ no matter how flimsy that evidence might be.” Wright v. State, 705 So. 2d 102, 104 (Fla. 4th DCA 1998) (quoting Garramone v. State, 636 So. 2d 869, 870 (Fla. 4th DCA

2023See N. Lauderdale Supermarket, Inc. v. Puentes, 332 So. 3d 526 , 528 (Fla. 4th DCA 2021) (“A trial court’s decision to give or refuse to give a proposed jury instruction is reviewed for an abuse of discretion.” (quoting Philip Morris USA, Inc. v. McCall, 234 So. 3d 4 , 14 (Fla. 4th DCA 2017))); Olsten Health Services, Inc. v. Cody, 979 So. 2d 1221, 1227 (Fla. 3d DCA 2008) (“[I]n reviewing the trial court’s decision to deny the requested jury instruction, we take into account not only the requested instruction but all instructions given to the jury.”); Matalon v. Greifman, 509 So. 2d 985, 986 (

2023See N. Lauderdale Supermarket, Inc. v. Puentes, 332 So. 3d 526 , 528 (Fla. 4th DCA 2021) (“A trial court’s decision to give or refuse to give a proposed jury instruction is reviewed for an abuse of discretion.” (quoting Philip Morris USA, Inc. v. McCall, 234 So. 3d 4 , 14 (Fla. 4th DCA 2017))); Olsten Health Services, Inc. v. Cody, 979 So. 2d 1221, 1227 (Fla. 3d DCA 2008) (“[I]n reviewing the trial court’s decision to deny the requested jury instruction, we take into account not only the requested instruction but all instructions given to the jury.”); Matalon v. Greifman, 509 So. 2d 985, 986 (

2023See N. Lauderdale Supermarket, Inc. v. Puentes, 332 So. 3d 526 , 528 (Fla. 4th DCA 2021) (“A trial court’s decision to give or refuse to give a proposed jury instruction is reviewed for an abuse of discretion.” (quoting Philip Morris USA, Inc. v. McCall, 234 So. 3d 4 , 14 (Fla. 4th DCA 2017))); Olsten Health Services, Inc. v. Cody, 979 So. 2d 1221, 1227 (Fla. 3d DCA 2008) (“[I]n reviewing the trial court’s decision to deny the requested jury instruction, we take into account not only the requested instruction but all instructions given to the jury.”); Matalon v. Greifman, 509 So. 2d 985, 986 (

2023See N. Lauderdale Supermarket, Inc. v. Puentes, 332 So. 3d 526 , 528 (Fla. 4th DCA 2021) (“A trial court’s decision to give or refuse to give a proposed jury instruction is reviewed for an abuse of discretion.” (quoting Philip Morris USA, Inc. v. McCall, 234 So. 3d 4 , 14 (Fla. 4th DCA 2017))); Olsten Health Services, Inc. v. Cody, 979 So. 2d 1221, 1227 (Fla. 3d DCA 2008) (“[I]n reviewing the trial court’s decision to deny the requested jury instruction, we take into account not only the requested instruction but all instructions given to the jury.”); Matalon v. Greifman, 509 So. 2d 985, 986 (

2020See Middelveen v. Sibson Realty, Inc., 417 So. 2d 275, 277 (Fla. 5th DCA 1982) (“[I]f a party submits a written request for a jury instruction, and it is rejected by the trial court, the issue is preserved for appellate review without more.”). 6 After a four-week trial, the reconstituted jury returned a defense verdict.

2020(Crim.) 3.6(f) (emphasis added); see also § 776.013(1), Fla. Stat. (2013). 1 Discussion “We review a trial court’s decision to give or withhold a proposed jury instruction for an abuse of discretion.” Calkins v. State, 170 So. 3d 888, 889 (Fla. 4th DCA 2015).