JEREMIAH JARLEE LUMSDEN
v.
STATE OF FLORIDA
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A trial court errs when it refuses to give a good faith defense jury instruction when the evidence supports such an instruction.
[1] A trial court must give a jury instruction on the good faith defense when the evidence in the record supports such an instruction.
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Join FLexlaw to unlock all legal intelligenceJeremiah Jarlee Lumsden was convicted in Hernando County Circuit Court. The trial court refused to instruct the jury on the good faith defense.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JEREMIAH JARLEE LUMSDEN,
Appellant,
v. Case No. 5D20-523
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 12, 2021
Appeal from the Circuit Court for Hernando County, Stephen E. Toner, Jr., Judge.
Matthew J. Metz, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
2
Jeremiah Jarlee Lumsden appeals his judgment and sentence arguing that the trial court erred when it determined that the evidence did not support giving the good faith defense instruction to the jury. See Fla. Std. Jury Instr. (Crim.) 14.1; see also Cliff Berry, Inc. v. State, 116 So. 3d 394 (Fla. 3d DCA 2012). Based on our record, we agree and reverse for a new trial.
REVERSED and REMANDED.
EISNAUGLE, SASSO and NARDELLA, JJ., concur.