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TOMLINSON v. STATE

No. 3D18-1982.

322 So.3d 212 (2021)

Kevin F. TOMLINSON, Appellant/Cross-Appellee, v. The STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Opinion filed June 30, 2021.

Attorney(s) appearing for the Case

Law Offices of John E. Bergendahl, and John E. Bergendahl , for appellant/cross-appellee.

Ashley Moody , Attorney General, and Brian H. Zack , Assistant Attorney General, for appellee/cross-appellant.

Before FERNANDEZ, LINDSEY and GORDO, JJ.

Kevin Tomlinson appeals his conviction and sentence for extortion and the State of Florida cross-appeals the imposition of a downward departure sentence. We affirm the judgment and sentence in all respects and write solely to address Tomlinson's argument that the trial court committed fundamental error in instructing the jury that the...

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