Roberto Rodriguez v. State of Florida

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT ROBERTO RODRIGUEZ, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D13-1403 [ January 6, 2016 ] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin J. Bidwill, Judge; L.T. Case No. 10014135CF10A. Carey Haughwout, Public Defender, and Narine N. Austin, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Affirmed. See Broughton v. State, 790 So. 2d 1118 , 1118–19 (Fla. 2d DCA 2001) (holding that the standard instruction informing the jury that it was “the judge’s job to determine a proper sentence” was not misleading even though the State sought to have the defendant designated as a prison releasee reoffender). CIKLIN, C.J., TAYLOR and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.