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SUTTON v. STATE

No. 3D20-1497.

338 So.3d 347 (2022)

Melvin SUTTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed March 23, 2022.

Attorney(s) appearing for the Case

Whidden Johnson, P.L., and Wade M. Whidden and Karen A. Johnson (Tampa), for appellant.

Ashley Moody , Attorney General, and Gabrielle Raemy Charest-Turken , Assistant Attorney General, for appellee.

Before MILLER, GORDO and BOKOR, JJ.

Affirmed. Abbott v. State, 958 So.2d 1140, 1142 (Fla. 4th DCA 2007) ("[T]he determination of whether fundamental error occurred in such cases requires that the instructions be examined in the context of the other jury instructions, the attorneys' arguments, and the evidence in the case...

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