ROBERT THEODORE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT THEODORE SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
330 So. 2d 526
Florida District Court of Appeal, Fourth District (1976)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Appellant was charged with manslaughter by culpable negligence. At trial and over appellant’s objection, the court instructed the jury on culpable negligence under former Fla.Stat. § 784.05 (1973), as the lesser included offense to manslaughter. This was held reversible error in the case of Murray v. State, 4th DCA Fla., 328 So. 2d 501, 1976, and we therefore reverse the judgment herein on the authority of the cited case, remanding this cause to the trial court for a new trial.
REVERSED and REMANDED.
WALDEN, C. J., and OWEN and DOWNEY, JJ., concur.
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The Fla. Bar re: Standard Jury Instructions Crim. Cases, 477 So. 2d 985 (Fla. 1985)…luded offenses, a double asterisk should appear after culpable negligence — 784.05(2) and culpable negligence —784.05(1) which appear as category (1) lesser included offenses to manslaughter. The double asterisk should read: “But see Smith v. State, 330 So. 2d 526 (Fla. 4th DCA 1976), and Murray v. State, 328 So. 2d 501 (Fla. 4th DCA 1976).” The committee believes the schedule to be correct but wishes to call attention to cases which could be construed as holding to the contrary. 10. Element 3 in trafficking…
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The Fla. Bar re Standard Jury Instructions-Criminal, 508 So. 2d 1221 (Fla. 1987)…rged 893.135(l)(e) 893.13(l)(a) if sale, manufacture or delivery is charged Bringing methaqualone into state — 893.13(l)(d) Possession of methaqualone— 893.13(l)(e) * But see Martin v. State, 342 So. 2d 501 (Fla.1977). ** But see Smith v. State, 330 So. 2d 526 (Fla. 4th DCA 1976), and Murray v. State, 328 So. 2d 501 (Fla.4th DCA 1976). *** See Taylor v. State, 444 So. 2d 931 (Fla.1984). **** Rotenberry v. State, 468 So. 2d 971 (Fla.1985). ***** Provided that charged offense is a second degree felony…
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Chandler v. State, 366 So. 2d 64 (Fla. 3d DCA 1978)…presentence investigation. See Florida Rule of Criminal Procedure 3.710. We hold that this rule is not applicable where the defendant specifically waives the investigation. See Rinaldi v. State, 343 So. 2d 94 (Fla. 3d DCA 1977); and Johns v. State, 330 So. 2d 526 (Fla. 1st DCA 1976). The defendants’ suggestion that the waiver was “forced” is without foundation on this record. Having considered each point presented and finding no reversible error, the judgments and sentences are affirmed. Affirmed. . Count…
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- Weese v. Weese, 328 So. 2d 501 (Fla. 3d DCA 1976)
- Murray v. State, 328 So. 2d 501 (Fla. 4th DCA 1976)