Patterson v. State

I respectfully dissent.

Defendant’s theory of the case, for which there is evidence to support, is that his act was one done carelessly, thoughtlessly, heedlessly or inadvertently. He was entitled to have the jury charged on his theory of the case, as he requested, as well as on the state’s theory of the case. The law appears to be settled on this. In Palmes v. State, 397 So.2d 648 (Fla.1981), certiorari denied, 454 U.S. 882, 102 S.Ct. 369, 70 L.Ed.2d 195 (1981), our Florida Supreme Court held that a defendant is entitled to jury instruction on theory of his defense.

Defendant is entitled to…