Summary
reversing manslaughter conviction and remanding because trial court fundamentally erred by failing to explain in manslaughter instruction that offense does not encompass justifiable or excusable homicide
Summary of this case from Beckham v. StateOpinion
Case No. 1D01-3917
Opinion filed June 11, 2003.
An appeal from Circuit Court for Bay County. Don T. Sirmons, Judge.
Nancy Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General, and Sherri T. Rollinson, Assistant Attorney General, Tallahassee, for Appellee.
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.