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ORTEGA v. STATE

No. 82-1562.

438 So.2d 934 (1983)

Carlos Manuel ORTEGA, a/K/a Marcus Nerey, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 4, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.

PER CURIAM.

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)...

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