RUZICKA v. STATE

Nos. 82-1123, 82-1150.

430 So.2d 528 (1983)

John J. RUZICKA, Appellant, v. STATE of Florida, Appellee. Douglas J. LEIGHTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 18, 1983.


Attorney(s) appearing for the Case

Douglas S. Lambeth and Gary M. Dunkel, Fort Lauderdale, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Defendants' convictions were substantially predicated on circumstantial evidence. Nonetheless, we affirm on the authority of Rose v. State, 425 So.2d 521 (Fla. 1982). Although we find that the trial court's refusal to instruct on circumstantial evidence did not constitute error, we wish to note that a trial court retains discretion to give an instruction on circumstantial evidence if the court "feels that such...

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