MORRIS LEE SALES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Morris Lee Sales was convicted of second-degree murder and unlawful firearm possession after shooting and killing Clifton Carter in what he claimed was self-defense. The Florida appellate court reversed his convictions because the trial judge failed to instruct the jury on excusable homicide despite evidence supporting this defense, constituting fundamental error.
The trial court committed fundamental error by omitting an instruction on excusable homicide when evidence of self-defense was presented and actually in dispute at trial. Accordingly, Sales' conviction for second-degree murder must be reversed, and consequently his conviction for unlawful firearm possession must also be reversed.
[1] A trial court commits fundamental error by instructing the jury on manslaughter without defining both justifiable and excusable homicide when evidence supports either def…
[2] When a conviction for a predicate felony is reversed, a conviction for possession of a firearm during the commission of that felony must also be reversed.
Previewing 2 of 4 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“it is fundamental error when a trial court instructs the jury on manslaughter without defining both justifiable and excusable homicide, where there is evidence which supports either defense”
Establishes the legal standard for reversible error in jury instructions on homicide defenses
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSales and Carter were arguing over a cocaine transaction when Carter threatened Sales and repeatedly reached for a .357 Magnum in his pocket. Sales kn…
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PER CURIAM.
Defendant Morris Lee Sales seeks reversal of his criminal convictions and sentence for second degree murder and unlawful possession of a firearm while engaged in a criminal offense.
According to a formal statement made to the police by the defendant after his arrest, the defendant shot and killed the victim, Clifton Carter, in self-defense after an argument erupted over the quantity and quality of cocaine he had just purchased from Carter. He had known Carter for a few years, had continuously been harassed by him, and knew that Carter always carried a gun. On the day in question, defendant noticed a .357 Magnum in Carter’s front pant pocket. When they began arguing Carter pulled out the gun several times and threatened defendant with it. When Carter turned to walk away, defendant grabbed him, and as they struggled, Carter again attempted to retrieve his gun. At that point, defendant reached for a gun he had hidden under his shirt and repeatedly fired at Carter. At trial, a defense witness testified that Carter and the defendant were arguing about money when Carter threatened to “blow [the defendant’s] brains out.” As Carter reached for his gun, it seemed to catch in his pant pocket. Defendant was able to retrieve his firearm and began firing at Carter. The judge instructed the jury:
If you find Clifton Carter was killed by Morris Sales you will then consider the circumstances surrounding the killing in deciding if it is murder in second degree or manslaughter or whether the killing was excusable or resulted from justifiable use of deadly force.
I will go into that more at a future time. Thereafter, the judge defined “justifiable homicide,” but failed to define “excusable homicide.” Defendant did not object to the jury instruction given without any reference to excusable homicide.
Ultimately, the jury returned guilty verdicts for second degree murder and unlawful possession of a firearm while engaged in a criminal offense, and defendant was adjudicated guilty. He was sentenced to twenty-two years in prison with three years minimum mandatory for use of a firearm.
Defendant correctly points out that it is fundamental error when a trial court instructs the jury on manslaughter without defining both justifiable and excusable homicide, where there is evidence which supports either defense. Nixon v. State, 603 So. 2d. 660, 661 (Fla. 3d DCA 1992) (and cases cited therein). Here, defendant’s defense was self-defense. Since evidence was presented concerning the escalating nature of the encounter between the defendant and the victim, and given the victim’s prior history of harassing the defendant, the omitted instruction would have covered a matter actually in dispute. Id. Thus, his conviction for second degree murder must be reversed.1
Furthermore, since we reverse defendant’s conviction for second degree murder, his conviction for unlawful possession of a firearm during the commission of a felony must likewise be reversed. Redondo v. State, 403 So. 2d 954, 956 (Fla.1981).
Accordingly, defendant’s convictions and sentence are reversed and the case is remanded for a new trial.
. The Florida Standard Jury Instruction on excusable homicide provides in pertinent part:
The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances:
**
2. When the killing occurs by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation.
Fla. Std. Jury Instr. (Crim.) 61.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carlton Taylor v. State, 643 So. 2d 1122 (Fla. 3d DCA 1994)…ghter without defining justifiable and excusable homicide. Reversal is required because Taylor’s defense was self-defense, and the omitted instruction would have covered a matter in dispute. Rojas v. State, 552 So. 2d 914 (Fla.1989); Sales v. State, 621 So. 2d 487 (Fla. 3d DCA), review denied, 626 So. 2d 208 (Fla.1993); Nixon v. State, 603 So. 2d 660 (Fla. 3d DCA 1992). Accordingly, Taylor’s conviction and sentence is reversed, and the case is remanded for a new trial. Reversed and remanded. . We must expre…
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Perez v. State, 691 So. 2d 1190 (Fla. 4th DCA 1997)…on manslaughter re [*1192] quires an explanation that both justifiable and excusable homicide are excluded from the crime; including just one or the other is not enough. Id.; see Cummings v. State, 648 So. 2d 166 (Fla. 4th DCA 1994); Sales v. State, 621 So. 2d 487 (Fla. 3d DCA 1993). The state next argues that instruction on excusable homicide was unnecessary since the facts of the ease did not warrant it and the jury was “fully instructed upon Appellant’s proffered defense of self-defense.” In adopting the…
Authorities Cited
- Redondo v. State, 403 So. 2d 954 (Fla. 1981)
- Lavelle Nixon v. State, 603 So. 2d 660 (Fla. 3d DCA 1992)