ARIEL PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ARIEL PEREZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
578 So. 2d 510
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
As the State properly concedes, the trial court fundamentally erred in failing to make any reference to excusable homicide and justifiable homicide when instructing the jury as to attempted manslaughter. See State v. Smith, 573 So. 2d 306 (Fla.1990); Rojas v. State, 552 So. 2d 914 (Fla.1989). Accordingly, the defendant’s conviction and sentence for attempted second degree murder with a firearm is reversed and remanded for a new trial, and his sentences as to his remaining convictions are reversed and remanded for resentencing.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kitchen v. State, 592 So. 2d 773 (Fla. 3d DCA 1992)…se the trial court committed fundamental error in instructing the jury on manslaughter [*774] without defining justifiable and excusable homicide. Rojas v. State, 552 So. 2d 914 (Fla.1989); Hedges v. State, 172 So. 2d 824 (Fla.1965); Perez v. State, 578 So. 2d 510 (Fla. 3d DCA 1991); Weiner v. State, 587 So. 2d 560 (Fla. 2d DCA 1991). Compare Smith v. State, 573 So. 2d 306 (Fla.1990) (short form jury instruction on justifiable and excusable homicide, followed by manslaughter instruction which refers to these…
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Perez v. State, 610 So. 2d 648 (Fla. 3d DCA 1992)…SCHWARTZ, Chief Judge. At the retrial required by our reversal of his previous conviction in Perez v. State, 578 So. 2d 510 (Fla. 3d DCA1991), the defendant was again found guilty of attempted second degree murder with a firearm. Unfortunately, we are again compelled to reverse because, although the jury charge initially defined excusable and justifiable homicide as part…
Authorities Cited
- State v. Smith, 573 So. 2d 306 (Fla. 1990)
- Rojas v. State, 552 So. 2d 914 (Fla. 1989)