DOCK RANDOLPH JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed first-degree murder and firearm possession convictions because trial court erroneously instructed jury on inapplicable "sudden combat" excusable homicide defense, which created confusion about availability of the defendant's actual "sudden and sufficient provocation" defense.
A trial court commits reversible error by instructing the jury on the inapplicable "sudden combat" portion of excusable homicide when the defendant used a firearm and claimed only "sudden and sufficient provocation" excusable homicide.
[1] A trial court commits reversible error by instructing the jury on an inapplicable excusable homicide defense when such instruction creates confusion about the availabilit…
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“the inclusion of such an inapplicable jury charge created a "straw man" for the state to attack and could have misled the jury into believing that excusable homicide was not an available defense in any situation if a dangerous weapon was used”
Court's explanation of why the erroneous instruction was prejudicial to the defendant's defense
Dock Randolph Jones was convicted of first-degree murder and unlawful possession of a firearm during commission of a felony. Jones did not claim a "su…
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PER CURIAM.
The final judgments of conviction and sentences under review for first-degree murder and unlawful possession of a firearm during the commission of a felony are reversed and the cause is remanded for a new trial. Based on the controlling authority of Radillo v. State, 582 So. 2d 634 (Fla. 3d DCA), rev. denied, 583 So. 2d 1037 (Fla.1991), we conclude that the trial court committed reversible error in giving, over objection, the “sudden combat” portion of the excusable homicide instruction to the jury. As we held in Radillo, this is so because (1) the “sudden combat” portion of the jury charge was totally inapplicable to this case as the defendant, without dispute, used a firearm (a dangerous weapon) in committing the homicide for which he was charged and was not claiming a “sudden combat” excusable homicide, and (2) the inclusion of such an inapplicable jury charge created a “straw man” for the state to attack and could have misled the jury into believing that excusable homicide was not an available defense in any situation if a dangerous weapon was used, including the defense of “sudden and sufficient provocation” excusable homicide as claimed by the defendant based on the facts of this case. See Bowes v. State, 500 So. 2d 290 (Fla. 3d DCA 1986), rev. denied, 506 So. 2d 1043 (Fla.1987).
Given our decision on the jury instruction point, the defendant’s sentencing point becomes moot. The convictions and sentences under review are reversed and the cause is remanded for a new trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gillen v. State, 597 So. 2d 375 (Fla. 2d DCA 1992)…in State v. Smith, 573 So. 2d 306 (Fla.1990), the Florida Supreme Court indicated that “the long form standard jury instruction on excusable homicide also may mislead.” See also, Spector v. State, 593 So. 2d 565 (Fla. 4th DCA 1992); Jones v. State, 591 So. 2d 1023 (Fla. 3d DCA 1991); Radillo v. State, 582 So. 2d 634 (Fla. 3d DCA 1991), rev. denied, 583 So. 2d 1037 (Fla.1991). Smith, however, was concerned with the short form excusable homicide instruction and did not hold that giving the long form instruction…
Authorities Cited
- Bowes v. State, 500 So. 2d 290 (Fla. 3d DCA 1986)
- Reddick v. State, 582 So. 2d 634 (Fla. 3d DCA 1991)