McCray v. State

A failure to give a requested jury instruction, prior to the jury retiring, on the law applicable to the theory of the defense, constitutes error if there is evidence introduced to support the instruction. Hudson v. State, 408 So.2d 224 (Fla. 4th DCA 1981); Williams v. State, 395 So.2d 1236 (Fla. 4th DCA 1981); Hudson v. State, 381 So.2d 344 (Fla. 3d DCA 1980). Therefore we reverse the verdict, adjudication and sentence under review and remand for a new trial.

Reversed and remanded.