TERRANCE MCCRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TERRANCE MCCRAY, APPELLANT,
STATE OF FLORIDA, APPELLEE
846 So. 2d 1253
Florida District Court of Appeal, First District (2003)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The appellant challenges a manslaughter conviction, arguing that the court erred in the manslaughter instruction by failing to explain that this offense does not encompass justifiable or excusable homicide. As indicated in Rojas v. State, 552 So. 2d 914 (Fla.1989), manslaughter is a residual offense which requires such an explanation for a proper definition of the crime. See also, e.g., State v. Lucas, 645 So. 2d 425 (Fla.1994). Furthermore, the failure to refer to justifiable and excusable homicide in connection with the manslaughter instruction is fundamental error. E.g. Lucas; Rojas. The appealed order is therefore reversed and the case is remanded.
ALLEN, C.J., WEBSTER and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Beckham v. State, 884 So. 2d 969 (Fla. 1st DCA 2004)
Authorities Cited
- Rojas v. State, 552 So. 2d 914 (Fla. 1989)
- State v. Lucas, 645 So. 2d 425 (Fla. 1994)