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RODGERS v. STATE

No. 4-86-2256.

537 So.2d 583 (1987)

Franklin J. RODGERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 18, 1989.

Attorney(s) appearing for the Case

Philip Carlton, III, Law Offices of Carlton & Carlton, Miami, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

GUNTHER, J., and WEBSTER, PETER D., Associate Judge, concur.

STONE, J., dissents with opinion.

STONE, Judge, dissenting.

I would reverse on the ground that the trial court erred in instructing the jury,1 at the state's request, on the doctrine of "deliberate ignorance." This is sometimes called an instruction on "willful blindness."

The authorities relied on by the state hold...

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