Rockerman v. State

We affirm Robert Rockerman’s conviction for burglary of a dwelling with the intent to commit assault or battery therein in violation of section 810.02(1), Florida Statutes (1997). In doing so, we reject his contention that the trial court erred when it declined to instruct the jury on the justifiable use of non-deadly force. No substantive evidence supported this affirmative defense.

A defendant is entitled, upon request, to a jury instruction on any theory of defense the substantive evidence supports. See Arthur v. State, 717 So.2d 193, 194 (Fla. 5th DCA 1998); Williams v. State, 588 So.2d…