Dean Kenneth Rockmore v. State of Florida

I agree that the jury should have gotten the case to decide, but the trial court gave an erroneous jury instruction on abandonment that is not harmless. Therefore, I would quash the Fifth District’s decision affirming Rockmore’s conviction and remand for a new trial.

First, the majority’s conclusion that Rockmore’s abandonment defense was not supported by the evidence does not consider all the evidence by improperly focusing on the victim’s testimony to the exclusion of Rockmore’s. Under Rockmore’s version of events, once he knew he was caught, he chose to leave the stolen property behind.…