ARTHUR WENDELL WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse and remand for a new trial on the authority of Rossi v. State, 602 So. 2d 614 (Fla. 4th DCA 1992). In Rossi, this court held that-where there is evidence that a victim’s death may have resulted from a cause independent of the defendant s criminal act, that defendant is entitled to jury instructions on non-homicide lesser included offenses. Id. at 615. See also Drotar v. State, 433 So. 2d 1005 (Fla. 3d DCA 1983), rev. denied, 443 So. 2d 979 (Fla.1984).
In the instant case, Appellant presented evidence demonstrating that the victim’s demise may not have resulted from his actions, but rather was the result of an independent injury which occurred two days prior to the charged offense. Under Rossi, such a situation entitled Appellant to jury instructions on non-homicide lesser included offenses. Additionally, because the verdict form submitted to the jury did not include an intervening step between third degree felony murder, the charge on which Appellant was convicted, and the non-homicide lesser included offenses, this error was per se reversible. State v. Abreau, 363 So. 2d 1063 (Fla.1978); Ammons v. State, 623 So. 2d 807 (Fla. 1st DCA 1993).
DELL, STONE and GROSS, JJ., concur.
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Barfield v. State, 762 So. 2d 564 (Fla. 5th DCA 2000)…urpose of the defense is to exonerate a defendant from acts committed by another defendant, which departed from the original plan. Parker v. State, 458 So. 2d 750, 752 (Fla.1984). See also Bryant v. State, 412 So. 2d 347 (Fla.1982); Walker v. State, 671 So. 2d 817 (Fla. 4th DCA 1996); Teal v. State, 658 So. 2d 603 (Fla. 4th DCA 1995); Rossi v. State, 602 So. 2d 614 (Fla. 4th DCA 1992); Rodriguez v. State, 571 So. 2d 1356 (Fla. 2d DCA 1990). The trial judge agreed at the charge conference that -the Independen…
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Gordon v. State, 219 So. 3d 189 (Fla. 3d DCA 2017)…evidence to support a theory) regarding an intervening cause of death. Martin v. State, 342 So. 2d 501, 503 (Fla. 1977) (superseded on other grounds by Fla. R. Crim. P. 3.490); Humphrey v. State, 690 So. 2d 1351 (Fla. 3d DCA 1997); Walker v. State, 671 So. 2d 817 (Fla. 4th DCA 1996). See also Daugherty v. State, 211 So. 3d 29 (Fla. 2017). In the same way, whether a jury may lawfully find a defendant guilty of two or more lesser-included offenses, instead of the compound offense charged, is not premised on an…
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Humphrey v. State, 690 So. 2d 1351 (Fla. 3d DCA 1997)…lity as a principal in the homicide, then the jury’s responsibility would be to acquit the defendant of the charge — indeed, the jury in this ease aequit-ted the defendant of another of the charges against him.3 Defendant relies on Walker v. State, 671 So. 2d 817 (Fla. 4th DCA 1996), but the facts of that case fall into the same pattern as Brotar. There the victim had received an independent injury two days prior to the charged offense. Since the facts of the case showed that the cause of death may have been…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Grant v. State, 363 So. 2d 1063 (Fla. 1978)
- Drotar v. State, 433 So. 2d 1005 (Fla. 3d DCA 1983)
- Rossi v. State, 602 So. 2d 614 (Fla. 4th DCA 1992)
- Ammons v. State, 623 So. 2d 807 (Fla. 1st DCA 1993)