MICHAEL WAYNE BROOKS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Oreneile Masaka v. State, 4 So. 3d 1274 (Fla. 2d DCA 2009)
  …dant’s request to admit statements of another occupant of a cab whose driver was shot because the statements inculpated the declarant as the shooter and there was other evidence [*1283] pointing to the declarant as the shooter), with Manka v. State, 720 So. 2d 1109 (Fla. 4th DCA 1998) (affirming the exclusion of a codefendant’s sworn statement to police because the “admissions” in that statement conflicted with the medical testimony regarding the victim’s injuries), and Allison v. State, 746 So. 2d 518 (Fla. 2…
• van Loan v. State, 736 So. 2d 803 (Fla. 2d DCA 1999)
  …id. at 1205. This court ruled that the [*805] trial court’s failure to instruct a jury on lesser-included offenses to a noncapital offense is not fundamental error. See id. at 1205; McKinney v. State, 579 So. 2d 80, 83-84 (Fla.1991); Manka v. State, 720 So. 2d 1109, 1110 (Fla. 4th DCA 1998). Thus, Crawford is factually distinguishable from the instant case, because here the error is a failure to instruct on the definitions of excusable and justifiable homicide, and not a failure to instruct on lesser-included…
• Wilson v. State, 786 So. 2d 632 (Fla. 4th DCA 2001)
  …n error where defendant raised issue during charge conference but failed to object before jury retired to deliberate). Failure to instruct' on the lesser-included offense of a non-capital offense does not amount to fundamental error. Manka v. State, 720 So. 2d 1109 (Fla. 4th DCA 1998). Had the objection been preserved, we would find no error, as battery is not a lesser-included offense of armed robbery when the information does not contain the elements of that offense. See Cave v. State, 613 So. 2d 454 (Fla.1…

Authorities Cited

• State v. Sinclair Johnson, 601 So. 2d 219 (Fla. 1992)
• Beltran v. State, 700 So. 2d 132 (Fla. 4th DCA 1997)
• State v. Hines, 695 So. 2d 747 (Fla. 1st DCA 1997)