THE STATE OF FLORIDA, APPELLANT,
v.
WILLIAM MANNO, APPELLEE
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Florida affirmed the trial court's grant of a new trial because the defendant was entitled to a jury instruction on reckless driving as a lesser included offense when the cause of death was disputed, despite the state's concession that reckless driving is necessarily lesser to vehicular homicide.
A defendant charged with vehicular homicide is entitled to a jury instruction on reckless driving as a lesser included offense when the cause of death is disputed, even if the state concedes reckless driving is a necessarily lesser offense.
[1] A defendant is entitled to a jury instruction on a lesser included offense when the instruction is supported by evidence presented at trial, even if the lesser offense is…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If vehicular homicide is charged, a requested instruction on reckless driving need not be given where it is undisputed that a death has occurred as a result of the accident.”
The court cited State v. Barritt to establish the rule that reckless driving instructions are not required only when the cause of death is undisputed.
William Manno was charged with manslaughter and vehicular manslaughter. A jury found him guilty of vehicular homicide but not guilty of the vehicular …
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PER CURIAM.
William Manno was charged with manslaughter (Count I) and manslaughter by operating a motor vehicle while intoxicated (Count II). A jury found Manno guilty of vehicular homicide, a lesser included offense of Count I and not guilty of Count II. Manno filed a motion for new trial alleging that the trial court erred in failing to instruct the jury on the charge of reckless driving as he had requested. The state conceded that reckless driving is a necessarily lesser included offense of vehicular homicide; however, it argued that the instruction was not required in this case because the cause of death was undisputed. We affirm the trial court’s decision granting Manno a new trial.
Defense counsel’s cross-examination of the medical examiner was positively directed at the possibility that the victim’s death was caused by hospital doctors’ negligent treatment of the victim. Further, some of the evidence of unrepaired lacerations on the victim’s liver supported the defense’s theory. A defendant is entitled to instructions on a theory of a defense where it is supported by the evidence. See Vazquez v. State, 518 So. 2d 1348 (Fla. 4th DCA 1987); Cronin v. State, 470 So. 2d 802 (Fla. 4th DCA 1985). As established in State v. Barritt, 531 So. 2d 338, 339 (Fla.1988):
If vehicular homicide is charged, a requested instruction on reckless driving need not be given where it is undisputed that a death has occurred as a result of the accident, (emphasis added)
In the instant case, because the cause of death was disputed, Manno was entitled to the instruction he requested.
Accordingly, the decision of the trial court is affirmed.
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Cited By
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Rose v. State, 591 So. 2d 195 (Fla. 4th DCA 1991)…impact may differ with that of .the majority of the panel. Since the opinion is short, we will not imply in the majority’s affirmance in the case facts which are not there. The only other allegedly conflicting case cited is that of State v. Manno, 550 So. 2d 31 (Fla. 3d DCA 1989). However, that case was decided on a jury instruction issue, not an evidentiary issue. Furthermore, if that case is in conflict with the instant case, as contended, then it is also in conflict with Tunsil and Smith which are both…
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Butts v. State, 733 So. 2d 1097 (Fla. 1st DCA 1999)…tually more likely than not. Such would be inconsistent with the standard of reasonable doubt that applies in criminal eases. In a somewhat sparse opinion, the court, in State v. Manno, acknowledged implicitly the principle urged by appellant here. 550 So. 2d 31 (Fla. 3d DCA 1989). In Manno, the jury convicted the defendant of vehicular homicide. Manno moved for a new trial alleging that the trial court erred in failing to instruct the jury on the charge of reckless driving as requested by the defense. The…
Authorities Cited
- State v. Barritt, 531 So. 2d 338 (Fla. 1988)
- Vazquez v. State, 518 So. 2d 1348 (Fla. 4th DCA 1987)
- Cronin v. State, 470 So. 2d 802 (Fla. 4th DCA 1985)