HAROLD A. REIFSNYDER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial judge did not err in refusing to reinstruct the jury on self-defense when they requested reinstruction on other charges.
Appellant was convicted of attempted first-degree murder and aggravated battery. During deliberations, the jury requested reinstruction on specific ch…
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OTT, Chief Judge.
Appellant was charged with two counts of attempted first degree murder. He was found guilty of attempted first degree murder on one count and aggravated battery on the other count. We affirm.
The only point raised on this appeal concerns the reinstruction of the jury upon its request. During deliberations the jury returned to the courtroom, whereupon the jury foreman requested reinstruction as follows: “[W]e would like the definition again pertaining to the charges of second degree murder, aggravated assault and aggravated battery, if we could.” Appellant thereupon requested the trial judge to also read the previous instruction on self defense. This request was denied.
Appellant relies on Gross v. State, 397 So. 2d 313 (Fla. 4th DCA 1981), wherein, upon reinstructing the jury on manslaughter as requested, the trial judge failed to include his previous instructions on justifiable and excusable homicide. Gross is not applicable. Because the manslaughter statute specifically excludes justifiable and excusable homicide, any definition of manslaughter without definitions of these other two types of homicide would be incomplete. See Henry v. State, 359 So. 2d 864 (Fla.1978).
This case is controlled by our opinion in State v. Kurns, 397 So. 2d 463 (Fla. 2d DCA 1981). Finding no error, the judgment and sentences are AFFIRMED.
HOBSON and SCHEB, JJ., concur.
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THE Florida BAR v. Lipman, 497 So. 2d 1165 (Fla. 1986)…hment. In a state criminal prosecution based on the same events as this disciplinary proceeding, respondent was convicted of a felony. On appeal the conviction was reversed because of the prosecutor’s improper conduct at the trial. Lipman v. State, 428 So. 2d 738 (Fla. 1st DCA 1983). Reversal was required in part because the improper comments of the prosecutor were deemed to have prejudicially affected the outcome. The appellate court observed that it was a “close case”. I infer that, due to the weakness of…
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Rigoberto Garcia v. State, 535 So. 2d 290 (Fla. 3d DCA 1988)…alez v. State, 502 So. 2d 66, 67 (Fla. 3d DCA 1987) (“The trial court also properly limited its response to the jury’s request by denying Gonzalez’ request to re-instruct the jury on self-defense, and this was not misleading.”); Reifsnyder v. State, 428 So. 2d 738 (Fla. 2d DCA 1983) (no error in not rein-structing on self-defense when jury asks only for definitions of specific charges). But see Carranza v. State, 511 So. 2d 410 (Fla. 4th DCA 1987). As the supreme court declared in Henry v. State, 359 So. 2d 8…
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Gurchick v. State, 439 So. 2d 1002 (Fla. 2d DCA 1983)…E appellant’s sentence and REMAND for resentencing. Therefore, appellant is entitled to be represented by legal counsel unless he affirmatively, voluntarily, and intelligently waives the right. RYDER and LEHAN, JJ., concur. . In Gurchick v. State, 428 So. 2d 738 (Fla. 2d DCA 1983), this court reversed the trial court’s summary denial of appellant’s motion, based on the trial court’s failure to conduct an eviden-tiary hearing or attach relevant portions of the record which refuted the allegations contained i…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Henry v. State, 359 So. 2d 864 (Fla. 1978)
- Gross v. State, 397 So. 2d 313 (Fla. 4th DCA 1981)
- State v. Kurns, 397 So. 2d 463 (Fla. 2d DCA 1981)