Opinion
No. 64058.
April 25, 1985. Rehearing Denied August 21, 1985.
Application for Review of Decision of District Court of Appeal — Certified Great Public Importance, Fourth District — Case No. 82-167.
Charles W. Musgrove, West Palm Beach, for petitioner.
Jim Smith, Atty. Gen. and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for respondent.
We accepted jurisdiction of this case because the district court certified the same question certified in Rotenberry v. State, 429 So.2d 378 (Fla. 1st DCA 1983), questioning the sufficiency of Florida Standard Jury Instruction (Criminal) 3.04(c). Today, we find the instruction adequate in Rotenberry v. State, 468 So.2d 971 and accordingly approve the decision below. 433 So.2d 5 (Fla. 4th DCA 1983). We find no merit to the other issues raised by petitioner.
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN and McDONALD, JJ., concur.
ADKINS, J., dissents with an opinion, in which SHAW, J., concurs.
I dissent for the same reasons expressed in my dissent in Rotenberry v. State, 468 So.2d 971 (Fla. 1985).
SHAW, J., concurs.