VIRGINIA KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VIRGINIA KELLY, APPELLANT,
STATE OF FLORIDA, APPELLEE
746 So. 2d 1248
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The appellant challenges her conviction, contending that the trial court failed to properly instruct the jury as to self-defense. The appellant objected to the instruction given below, which does not eom-'ply with the instruction adopted by the supreme court in Weiand v. State, 732 So. 2d 1044 (Fla.1999), regarding the limited duty to retreat for one attacked in their own home by another occupant of the premises. Although the appellant was tried before the supreme court’s Weiand decision, the Weiand opinion expressly makes the instruction applicable to cases pending on direct review. The appellant’s conviction is therefore reversed, and the ease is remanded.
BOOTH, ALLEN and PADOVANO, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Green v. State, 804 So. 2d 474 (Fla. 5th DCA 2001)…r basis for entitlement to belated appeal,” including whether petitioner requested counsel to proceed with the appeal. Additionally, petitioner must allege the request for an appeal was made to counsel in a timely manner. See, e.g., Farnam v. State, 746 So. 2d 1248 (Fla. 1st DCA 1999). Accordingly, I agree this petition for writ of habeas corpus for a belated appeal should be summarily denied, but without prejudice to file a legally sufficient petition under the rule and appropriate case law.…
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Kary Burch v. State, 774 So. 2d 46 (Fla. 2d DCA 2000)…ot comply with the instruction adopted by the supreme court in Weiand v. State, 732 So. 2d 1044 (Fla.1999). Therefore, we reverse and remand this case for a new trial. See Barkley v. State, 750 So. 2d 755 (Fla. 2d DCA 2000); see also Kelly v. State, 746 So. 2d 1248 (Fla. 1st DCA 1999). Reversed and remanded. WHATLEY, A.C.J., and DAVIS, J., Concur.…
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Kelly v. State, 842 So. 2d 223 (Fla. 1st DCA 2003)…We are, therefore, required to reverse and remand for a new trial. ERVIN and VAN NORTWICK, JJ., CONCUR. . Appellant had previously been tried and convicted of second degree murder. Her first conviction was reversed by this court in Kelly v. State, 746 So. 2d 1248 (Fla. 1st DCA 1999). The reversal in that case was based on the trial court's failure to give the appropriate jury instruction. . The proposed cross examination was proffered by defense counsel. . Defense counsel's objection that the prosecutor’s…
Authorities Cited
- Payton v. State, 732 So. 2d 1044 (Fla. 1999)
- Weiand v. State, 732 So. 2d 1044 (Fla. 1999)