RIGOBERTO GARCIA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
We have for review Garcia v. State, 535 So. 2d 290 (Fla. 3d DCA 1988), based on certified conflict with Niblack v. State, 451 So. 2d 539 (Fla.2d DCA 1984), and Lowe v. State, 500 So. 2d 578 (Fla. 4th DCA 1986). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. This case presents the question of whether it is reversible error for a trial court to refuse to reinstruct on justifiable and excusable homicide when it reinstructs on manslaughter. We recently have answered this question in the affirmative in Stockton v. State, 544 So. 2d 1006 (Fla.1989). Accordingly, we quash the opinion below and remand for further proceedings consistent with our opinion in Stockton.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
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Rojas v. State, 552 So. 2d 914 (Fla. 1989)…not error because the jury’s request demonstrates that it had already determined the homicide was unlawful. Relying upon its opinion in Stockton, this Court has now quashed the Garcia opinion of the Third District Court of Appeal. Garcia v. State, 552 So. 2d 202 (Fla.1989). Thus, it follows that we cannot accept the harmless error analysis adopted by the Fifth District Court of Appeal in the instant case.1 The fact that the judge defined excusable and justifiable homicide in the beginning of the homicide i…
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Mohammed v. State, 309 So. 3d 269 (Fla. 5th DCA 2020)….4. The Introduction to Homicide instruction is in the nature of a defense because it is wholly inconsistent with a jury’s finding that a defendant acted with a “depraved mind.” See Garcia v. State, 535 So. 2d 290, 292 (Fla. 3d DCA 1988), quashed by 552 So. 2d 202 (Fla. 1989).4 4 Mohammed concedes excusable homicide is a defense to attempted seconddegree murder. By contrast, he contends it is an element of attempted manslaughter. Knight obviates our need to opine whether a trial court’s failure to issue the I…
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Hoffert v. State, 662 So. 2d 1010 (Fla. 4th DCA 1995)…. State, 325 So. 2d 14 (Fla. 1st DCA 1975), cert. denied, 333 So. 2d 465 (Fla.1976) (technical error in incomplete rein-struction cured by jury’s verdict of guilty of first-degree murder); Garcia v. State, 535 So. 2d 290 (Fla. 3d DCA 1988), quashed, 552 So. 2d 202 (Fla.1989) (jury’s finding of guilty of second-degree murder necessarily precludes finding that person’s act was justifiable or excusable; therefore, any error in reinstruction harmless). Therefore, the court held that appellant had not made the req…1 / 2
Authorities Cited
- Stockton v. State, 544 So. 2d 1006 (Fla. 1989)
- Niblack v. State, 451 So. 2d 539 (Fla. 2d DCA 1984)
- Lowe v. State, 500 So. 2d 578 (Fla. 4th DCA 1986)
- Rigoberto Garcia v. State, 535 So. 2d 290 (Fla. 3d DCA 1988)