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Mattier v. State

District Court of Appeal of Florida, Fourth District
Jun 3, 1998
711 So. 2d 256 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-1862

Opinion filed June 3, 1998 JANUARY TERM 1998

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sheldon Schapiro, Judge; L.T. Case No. 96-2277 CF10A.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellee.


We affirm Appellant's conviction of first-degree murder. We find no error in the trial court's denial of Appellant's request for a special jury instruction on the crime of manslaughter by unnecessary killing to prevent an unlawful act. See § 782.11, Fla. Stat. (1997). The standard jury instructions on self-defense given here adequately covered an unnecessary killing under a claim of self-defense. See State v. Carrizales, 356 So.2d 274 (Fla. 1978). A special instruction on unnecessary killing should be given only where a victim was attempting to commit a felony or other unlawful act independent of an unlawful act directed solely at the defendant. Cf. State v. Kadet, 455 So.2d 389 (Fla. 5th DCA 1984). As to the other issue raised, we find any error harmless.

STONE, C.J., and FARMER and GROSS, JJ., concur.


Summaries of

Mattier v. State

District Court of Appeal of Florida, Fourth District
Jun 3, 1998
711 So. 2d 256 (Fla. Dist. Ct. App. 1998)
Case details for

Mattier v. State

Case Details

Full title:TIMOTHY MATTIER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 3, 1998

Citations

711 So. 2d 256 (Fla. Dist. Ct. App. 1998)