GARY PETERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-08-26
No. 93-00355
RYDER, A.C.J., and LAZZARA, J., concur.
643 So. 2d 9 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 4 cases
Opinion of the Court
BLUE, Judge.

BLUE, Judge.

Gary Peterson contends his conviction for second-degree murder must be reversed because the trial court failed to instruct the jury on third-degree felony murder allegedly arising out of an aggravated assault. There was evidence which would support third-degree murder and therefore, it was error to refuse to give the instruction. See Herrington v. State, 538 So. 2d 850, 851 (Fla.1989) (“[I]n the ease of degree crimes, requested instructions on all lesser degrees that are supported by the evidence must be given regardless of the allegations of the charging document.”). We find no merit in the remaining issue raised by Peterson.

Accordingly, we reverse Peterson’s conviction and remand for a new trial.

RYDER, A.C.J., and LAZZARA, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Poole v. State, 30 So. 3d 696 (Fla. 2d DCA 2010)
    …ive the requested instruction. In his second point, Poole argues that the trial court’s denial of the requested instruction was error. Once again, we agree with Poole. See Sheridan v. State, 799 So. 2d 223, 225 (Fla. 2d DCA 2001); Peterson v. State, 643 So. 2d 9, 10 (Fla. 2d DCA 1994). However, our decision to reverse Poole’s second-degree murder conviction and to remand for him to be adjudicated guilty of manslaughter with a weapon renders Poole’s argument about the jury instruction a moot point. Poole’s t…
  • Kharibe Burgan v. State, 675 So. 2d 175 (Fla. 5th DCA 1996)
    …failure to give a requested instruction is per se reversible error where the evidence supports the giving of the instruction. See Herrington v. State, 538 So. 2d 850 (Fla.1989); see also Green v. State, 475 So. 2d 235 (Fla.1985); Peterson v. State, 643 So. 2d 9 (Fla. 2d DCA 1994); Elkin v. State, 636 So. 2d 570 (Fla. 3d DCA 1994); Jackson v. State, 622 So. 2d 182 (Fla. 1st DCA 1993); Garcia v. State, 574 So. 2d 240 (Fla. 1st DCA 1991). Sub judice, there was testimony that defendant held a gun on one victim…

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