Brown v. State

ON REMAND FROM THE SUPREME COURT OF FLORIDA

ROTHENBERG, J.

We reconsider on remand our opinion in Brown v. State, 967 So.2d 236 (Fla. 3d DCA 2007) (“Brown I”), which was quashed by the Supreme Court of Florida following its decision in State v. Brown, 3 So.3d 1190 (Fla.2009) (“Brown II”). As ordered by the Supreme Court of Florida, we have reconsidered our earlier decision in light of Garzon v. State, 980 So.2d 1038 (Fla.2008) (“Garzon II”), and conclude that based on an examination of the “totality of the record,” the jury instructions given in this case do not constitute fundamental error.…