Dean Kenneth Rockmore v. State of Florida

Dean Kenneth Rockmore seeks review of the Fifth District Court of Appeal’s decision in Rockmore v. State, 114 So.3d 958 (Fla. 5th DCA 2012), on the ground that it expressly and directly conflicts with the Second District Court of Appeal’s decision in Peterson v. State, 24 So.3d 686 (Fla. 2d DCA 2009), on the same question of law. Specifically, the district courts reached conflicting decisions concerning the necessity of a special jury instruction where the defendant’s theory of defense to a robbery charge is that he abandoned the stolen property prior to threatening or using force. We have…