HARRIET V. BUCKBEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court did not err in refusing to instruct the jury on culpable negligence as a lesser included offense and in reclassifying the crime due to firearm use.
The appellant was charged with second-degree murder after the victim died from gunfire from her pistol during an argument. The trial court refused to …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Manslaughter With A Firearm cases and more on FLexlaw
DOWNEY, Judge.
Harriet Y. Buckbee appeals her conviction of manslaughter with a firearm and sentence of seven years imprisonment.
Buckbee was charged with second degree murder with a firearm. It is undisputed that the victim died as a result of gunfire from her pistol during an argument. The trial court refused to instruct the jury that it could find Buckbee guilty of the lesser included offense of culpable negligence. Upon conviction of manslaughter with a firearm the trial court reclassified the crime to a first degree felony because of the use of a firearm in the commission thereof. Buckbee contends the trial court committed reversible error for failure to give her requested instruction on what she contends was the lesser included offense of culpable negligence and in reclassifying the crime to a first degree felony.
Appellant is wrong on the instruction point. State v. Simone, 431 So. 2d 718 (Fla. 3d DCA 1983); Thomas v. State, 434 So. 2d 12 (Fla. 1st DCA 1983); and wrong on the sentencing point. Miller v. State, 460 So. 2d 373 (Fla.1984); State v. Smith, 462 So. 2d 1102 (Fla.1985).
Accordingly, the judgment and sentence appealed from are affirmed.
AFFIRMED.
HERSEY and HURLEY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ortagus v. State, 500 So. 2d 1367 (Fla. 1st DCA 1987)…As to the final issue of whether the trial court erred in reclassifying the crime of manslaughter to a first degree felony based on Ortagus’ use of a firearm, we find no error. See, Strickland v. State, 437 So. 2d 150 (Fla.1983); Buckbee v. State, 463 So. 2d 1240 (Fla. 4th DCA 1985) (trial court did not commit reversible error when, upon [*1372] conviction of manslaughter with a firearm in prosecution for second degree murder with a firearm, it reclassified the crime to a first degree felony because of use o…
-
Sullivan v. State, 562 So. 2d 813 (Fla. 1st DCA 1990)…statute is “mandatory and automatic,” defendant need not be charged with violation of Section 782.071(2). No case is cited, and we find none that supports that position. The cases cited by appellee are, in fact, to the contrary. In Buckbee v. State, 463 So. 2d 1240 (Fla. 4th DCA 1985), defendant was charged with second-degree murder with a firearm, convicted of manslaughter with a firearm, and on appeal, the court ruled that enhancement to a first-degree felony for use of a firearm was proper. State v. Crocker…
-
Reffard Stafford v. State, 584 So. 2d 138 (Fla. 1st DCA 1991)…degree felony because of the use of a weapon. Thus, the trial court did not commit error in reclassifying the felony and appellant was not subjected to an illegal sentence. Webster v. State, 500 So. 2d 285 (Fla. 1st DCA 1986); and Buckbee v. State, 463 So. 2d 1240 (Fla. 4th DCA 1985). AFFIRMED. ERVIN, SMITH and ALLEN, JJ., concur.…
Authorities Cited
- Miller v. State, 460 So. 2d 373 (Fla. 1984)
- State v. Smith, 462 So. 2d 1102 (Fla. 1985)
- State v. Jacques Simone, 431 So. 2d 718 (Fla. 3d DCA 1983)
- Thomas v. State, 434 So. 2d 12 (Fla. 1st DCA 1983)