ROBERTS V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 HERMAN ROBERTS, ** Appellant, THE STATE OF FLORIDA, Appellee. CASE NO. 3D01-704 ** vs. ** LOWER TRIBUNAL NO. 00-577 ** ** Opinion filed September 26, 2001. An Appeal from the Circuit Court for Monroe County, Mark Jones, Judge. Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Steven R. Parrish, Assistant Attorney General, for appellee. Before JORGENSON, GREEN, and SORONDO, JJ. PER CURIAM. Affirmed. See Simon v. State, 589 So. 2d 381 (Fla. 4th DCA 1991)(holding that some evidence must be introduced to support a jury instruction on a defense theory).

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