Ortega v. State

The judgment appealed from is affirmed upon the holding that (1) the instructions as a whole clearly and adequately enabled the jury to consider the theory of the defense: McKinney v. State, 428 So.2d 322 (Fla. 1st DCA 1983); Leonard v. State, 423 So.2d 594 (Fla. 3d DCA 1982); Scott v. State, 396 So.2d 271 (Fla. 3d DCA 1981); Marcum v. State, 379 So.2d 974 (Fla. 5th DCA 1979), cert. denied, 389 So.2d 1112 (Fla.1980); Diez v. State, 359 So.2d 55 (Fla. 3d DCA 1978), (2) the evidence was legally sufficient to support the jury verdict: Tibbs v. State, 397 So.2d 1120 (Fla.1981), aff’d, 457 U.S.…