JOHNNY DAVISLAY ESPINOZA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The defendant was convicted of manslaughter with a firearm after a jury trial. The record showed that the victim was a Mend of the defendant who was fatally' shot when a pistol being cleaned by the defendant fired when the trigger was accidentally touched and the victim was two to three feet away. We agree that this showi without any additional aggravating circumstances was insufficient to justify the conviction under review. See In the Interest of J.C.D., 598 So. 2d 304 (Fla. 4th DCA 1992); J.A. v. State, 593 So. 2d 572 (Fla. 3d DCA 1992).
Accordingly, the judgment is reversed with directions to discharge the defendant.1
. This decision is to take effect immediately, without reference to the filing or disposition of any motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Decker v. Univ. OF W. Fla., 85 So. 3d 571 (Fla. 1st DCA 2012)…f cases in which university disciplinary decisions have been reviewed by appeal to a district court of appeal. However, these decisions either predate the adoption of Article IX, Section 7, in November 2002, see Hardison v. Florida A & M University, 706 So. 2d 111 (Fla. 1st DCA 1998); Wallace v. Florida A & M University, 433 So. 2d 600 (Fla. 1st DCA 1983); Morfit v. University of South Florida, 794 So. 2d 655 (Fla. 2d DCA 2001); Abramson v. Florida Int'l University, 704 So. 2d 720 (Fla. 3d DCA 1998), or rely…
Authorities Cited
- In the Interest of J.C.D., 598 So. 2d 304 (Fla. 4th DCA 1992)
- J.A. v. State, 593 So. 2d 572 (Fla. 3d DCA 1992)