OFELIA PERDOMO, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, ETC., ET AL., APPELLEES

Fla. 3d DCA | 2006-03-29
No. 3D05-1232
Before COPE, C.J., and LEVY and FLETCHER, JJ.
924 So. 2d 932 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Our review of the record reveals that there is no basis for reversing the Agency’s decision.' As a consequence we must affirm the action of the Florida Unemployment Appeals Commission.

Affirmed.


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  • Jimenez v. State, 994 So. 2d 1141 (Fla. 3d DCA 2008)
    …luded offenses “cannot be construed as a specific waiver of, or affirmative request to limit, the justifiable and excusable homicide instruction.” Hall v. State, 677 So. 2d 1353, 1355 (Fla. 5th DCA 1996) (citations omitted). See also Reyes v. State, 924 So. 2d 932 (Fla. 3d DCA 2006); Richardson v. State, 818 So. 2d 679 (Fla. 3d DCA 2002). For the stated reasons, we must reverse the judgment and remand the case for a new trial. We reject the defendant’s second point on appeal, claiming that the evidence was l…
  • Bradshaw v. State, 61 So. 3d 1266 (Fla. 3d DCA 2011)
    …d the “fact that the defendant unsuccessfully tried to waive instructions on lesser offenses cannot be construed as a specific waiver of, or affirmative request to limit, the justifiable and excusable homicide instruction”); see also Reyes v. State, 924 So. 2d 932 (Fla. 3d DCA 2006) (reversing second degree murder conviction where it was not clear from the record that defense counsel affirmatively agreed to exclude portion of manslaughter instruction defining justifiable and excusable homicide); Beckham v. St…

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