SYLVESTER JOHNSON SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Sylvester Smith appealed his conviction and life sentence for second-degree murder, arguing that jury instructions on homicide, justifiable use of deadly force, and aggravated assault were incomplete and misleading. The appellate court affirmed the conviction, finding no fundamental error in the jury instructions.
The court held that the jury instructions, although not in their standard form, were sufficiently complete and did not constitute fundamental error warranting reversal. The trial court's decision to reinstructruct the jury on justifiable use of deadly force in response to a trial objection cured any potential error.
[1] An appellate court will not consider jury instruction errors not preserved by an objection in the trial court absent fundamental error.
[2] Fundamental error is defined as error that reaches down into the validity of the trial itself to the extent that a guilty verdict could not have been obtained without its…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Fundamental error is defined as "error which reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error."”
Establishes the strict standard for reviewing non-preserved trial errors on appeal
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSmith and the victim were residents in the same recovery center. The victim entered Smith's room without permission and struck him twice on the head, …
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GARDINER, ANA L, Associate Judge.
Appellant, SYLVESTER SMITH, appeals his conviction and sentence for the crime of second degree murder. After being found guilty by a jury, Appellant was sentenced to life in prison as a violent habitual felony offender. Appellant and the victim were residents in the same recovery center. The victim came inside Appellant’s room, without permission, and struck the Appellant twice on the head causing Appellant to fall. Appellant responded by picking up-a knife and striking the victim several times. The victim ran out of Appellant’s room yelling for help and that he had been stabbed. The police were called, and when they arrived on the scene, they found the victim on the ground, bleeding and incoherent. The victim suffered four stab wounds, one of which was fatal.
On appeal, Appellant argues that he is entitled to a new trial because the trial court’s instructions to the jury on “introduction to Homicide,” justifiable use of deadly force and aggravated assault, were incomplete and misleading. Initially this Court notes that the suggested errors in the jury instructions, raised on appeal, were not preserved by an objection in the trial court. Absent fundamental error, the complained of errors cannot be considered on appeal. Archer v. State, 673 So. 2d 17 (Fla.1996). Fundamental error is defined as “error which reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.” State v. Delva, 575 So. 2d 643, 644-45 (Fla.1991) (quoting Brown v. State, 124 So. 2d 481, 484 (Fla.1960)).
A careful analysis of the claimed errors in the jury instructions, in this case, does not support a finding of fundamental error. The instructions read to the jury were sufficiently complete to properly apprise the jury of the law that should be considered in reaching a verdict. Although it is preferable that the standard jury instructions be read exactly as they are written, it does not follow that any departure in reading the instructions will be reversible error. Contemporaneous objections to the instructions permit the trial court to correct any errors that may have been made, prior to the jury deliberating. In the instant case, there was an objection to the instruction on justifiable use of deadly force, permitting the trial court to adequately reinstruct the jury. It does not appear that the Appellant was unfairly prejudiced by the instructions read to the jury which included reinstruction on the applicable defenses.
AFFIRMED.
POLEN and SHAHOOD, JJ., concur.
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Citator
Cited By
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Reed v. State, 783 So. 2d 1192 (Fla. 1st DCA 2001)…DCA 1996) (en banc). Even alleged errors in instruction that are asserted to mislead the jury concerning an element of the crime must be preserved for appeal. See Auger v. State, 725 So. 2d 1178, 1178-79 (Fla. 2nd DCA 1998); see also Smith v. State, 772 So. 2d 625 (Fla. 4th DCA 2000). But see Hubbard v. State, 751 So. 2d 771, 772 (Fla. 5th DCA 2000). If the challenged instructions define either a nonexistent crime or totally fail to address an element of a crime, the alleged error may be considered to be fund…
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Morin v. State, 790 So. 2d 588 (Fla. 5th DCA 2001)…defense. Nevertheless, Morin did not object to this rather senseless instruction when it was [*590] read to the jury, and he now correctly concedes that the error must be fundamental in nature in order for relief to be available. In Smith v. State, 772 So. 2d 625 (Fla. 4th DCA 2000), the appellant urged that the jury instructions given were incomplete and misleading. The appellate court found that, while it would have been preferable for the standard instructions to have been read exactly as they were intend…
Authorities Cited
- Ike Brown v. State, 124 So. 2d 481 (Fla. 1960)
- D'Angelo v. State, 575 So. 2d 643 (Fla. 1991)
- State v. Batraville Vincent Delva, 575 So. 2d 643 (Fla. 1991)
- Archer v. State, 673 So. 2d 17 (Fla. 1996)