TIMOTHY MATTIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm Appellant’s conviction of first-degree murder. We find no error in the trial court’s denial of Appellant’s request for a special jury instruction on the crime of manslaughter by unnecessary killing to prevent an unlawful act. See § 782.11, Fla. Stat. (1997). The standard jury instructions on self-defense given here adequately covered an unnecessary killing under a claim of self-defense. See State v. Carrizales, 356 So. 2d 274 (Fla.1978). A special instruction on unnecessary killing should be given only where a victim was attempting to commit a felony or other unlawful act independent of an unlawful act directed solely at the defendant. Cf. State v. Kadet, 455 So. 2d 389 (Fla. 5th DCA 1984). As to the other issue raised, we find any error harmless.
STONE, C.J., and FARMER and GROSS, JJ., concur.
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State v. Paniagua, 789 So. 2d 1199 (Fla. 3d DCA 2001)…g rules 3.850 and 3.172(c)(8) of the Florida Rules of Criminal Procedure. The trial court granted this motion on July 18, 2000, and the state filed this timely appeal. The facts in the present case are almost identical to those in Medina v. State, 711 So. 2d 256 (Fla. 3d DCA 1998). As in Medina, defendant entered his plea two years before rule 3.172(c)(8), which requires the trial court to inform defendants of the possible immigration consequences of their plea, became effective. Post conviction relief is u…
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Orellanes v. State, 790 So. 2d 613 (Fla. 3d DCA 2001)…on consequences of a guilty plea. We agree and affirm on the authority of State v. Ginebra, 511 So. 2d 960 (Fla. 1987);2 State v. Paniagua, 789 So. 2d 1199 (Fla. 3d DCA 2001); State v. Richardson, 785 So. 2d 585 (Fla. 3d DCA 2001); Medina v. State, 711 So. 2d 256 (Fla. 3d DCA 1998). Affirmed. . As we pointed out in State v. Richardson, 785 So. 2d 585, 587 n. 2 (Fla. 3d DCA 2001), the Florida Supreme Court explained in Peart v. State, 756 So. 2d 42, 48 (Fla.2000) that for claims filed on and after May 27, 1…
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Diaz v. State, 790 So. 2d 581 (Fla. 3d DCA 2001)…re was no duty to advise a defendant of possible immigration consequences. State v. Ginebra, 511 So. 2d 960 (Fla.1987)2; State v. Pan-iagua, 789 So. 2d 1199 (Fla. 3d DCA 2001); State v. Richardson, 785 So. 2d 585 (Fla. 3d DCA 2001); Medina v. State, 711 So. 2d 256 (Fla. 3d DCA 1998). While Diaz is not entitled to state court relief, he may be able to obtain relief through federal immigration procedures. See Immigration and Naturalization Serv. v. St. Cyr, — U.S.-, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001). Aff…
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- State v. Carrizales, 356 So. 2d 274 (Fla. 1978)
- State v. Kadet, 455 So. 2d 389 (Fla. 5th DCA 1984)