Solomon v. State

Willie George SOLOMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 24, 1983.

District Court of Appeal of Florida · decided 1983-08-24

Key passage — most relied on by later courts

“A defendant is entitled to a jury instruction on the theory of his defense if there is evidence in the record to support it, regardless of how weak or improbable it may be.”

quoted by 1 later decision, including 618 So. 2d 354 - White v. State

Relies on 423 So. 2d 562 - Holley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-08-24

How this case has been cited

Cited by 5 later decisions — most recently December 2000

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Louis O. Frost, Jr., Public Defender, and James T. Miller, Asst. Public Defender, Jacksonville, for appellant.

¶2Jim Smith, Atty. Gen., and Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee.

¶3PER CURIAM.

¶4This cause is before us on appeal from a judgment and sentence for felony petit theft, in which appellant makes several assertions of error. We agree with appellant that the trial court erred in refusing to give a jury instruction on abandonment. A defendant is entitled to a jury instruction on the theory of his defense if there is evidence in the record to support it, regardless of how weak or improbable it may be. Holley v. State,423 So.2d 562 (Fla. 1st DCA 1982). We find no merit to appellant's other assertions.

¶5This cause is reversed and remanded for new trial.

¶6BOOTH, WENTWORTH and THOMPSON, JJ., concur.