JAMES ROSCOE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES ROSCOE, APPELLANT,
STATE OF FLORIDA, APPELLEE
589 So. 2d 1046
Florida District Court of Appeal, Fourth District (1991)
Opinion of the Court
PER CURIAM.
AFFIRMED.
DELL and POLEN, JJ., concur. GLICKSTEIN, C.J., concurs specially with opinion.
Concurrence
GLICKSTEIN, Chief Judge,
concurring specially.
The instruction on flight in this case did not have the language which the court found to constitute harmful error in Stanley v. State, 560 So. 2d 1269 (Fla. 3d DCA 1990). Even in that case the court said that giving the instruction on flight was not error. In the present case, the defendant claimed self-defense after being knocked to the ground with a shovel by the victim, then driving around to find the victim, which he did, following which he shot the victim in the back and drove away, albeit at a normal rate of speed.
We are aware of the decision in Lefevre v. State, 585 So. 2d 457 (Fla. 1st DCA 1991).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Stanley v. State, 560 So. 2d 1269 (Fla. 3d DCA 1990)
- Lefevre v. State, 585 So. 2d 457 (Fla. 1st DCA 1991)