Smiddy v. State

Smiddy v. State, 468 So. 2d 466 (Fla. Dist. Ct. App. 1985)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: May 8, 1985
Docket: No. 84-1316
Judges: Dell
Citations: 468 So. 2d 46610 Fla. L. Weekly 1155

Cited by 4 1 descriptions by later courts

Opinion

468 So.2d 466 (1985)

Millard H. SMIDDY, Appellant,

STATE of Florida, Appellee.

No. 84-1316.

District Court of Appeal of Florida, Fourth District.

May 8, 1985.

Richard L. Jorandby, Public Defender, and Jeffrey Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.

*467 DELL, Judge.

Appellant challenges his conviction and sentence of manslaughter with a firearm. Appellant contends that the trial court erred in failing to give an instruction on excusable homicide when it gave an instruction on manslaughter with a firearm, and in failing to instruct the jury on manslaughter. We agree.

This court held in Brown v. State, 467 So.2d 323 (Fla. 4th DCA 1985):

When the court gives an instruction on manslaughter, it must also give an instruction on justifiable and excusable homicide. See Hedges v. State, 172 So.2d 824 (Fla. 1965); Pouk v. State, 359 So.2d 929 (Fla. 2d DCA 1978); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984).

Additionally, we hold that under the facts of this case the trial court erred when it failed to give Standard Jury Instruction (Criminal) 3.05(a), Aggravation of a Felony by Carrying a Firearm.

We find no merit in the other points raised by appellant. Accordingly, this case is reversed and remanded for a new trial.

REVERSED and REMANDED.

HERSEY and GLICKSTEIN, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(failure to give instruction; whether objection or request made not stated)

Harris v. State, 580 So. 2d 243 (Fla. Dist. Ct. App. 1991)

Cited by 4 cases

View all citing references →

Relies on it most ⓘ

Harris v. State580 So. 2d 243 (Fla. Dist. Ct. App. 1991)
Robertson v. State532 So. 2d 90 (Fla. Dist. Ct. App. 1988)
Stockton v. State544 So. 2d 1006 (Fla. 1989)
Ortagus v. State500 So. 2d 1367 (Fla. Dist. Ct. App. 1987)

Most recent

Harris v. State580 So. 2d 243 (Fla. Dist. Ct. App. 1991)
Stockton v. State544 So. 2d 1006 (Fla. 1989)
Robertson v. State532 So. 2d 90 (Fla. Dist. Ct. App. 1988)
Ortagus v. State500 So. 2d 1367 (Fla. Dist. Ct. App. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Hedges v. State, 172 So. 2d 824 (Fla. 1965)	106
	Pouk v. State, 359 So. 2d 929 (Fla. Dist. Ct. App. 1978)	11
	Delaford v. State, 449 So. 2d 983 (Fla. Dist. Ct. App. 1984)	9
	Brown v. State, 467 So. 2d 323 (Fla. Dist. Ct. App. 1985)	7

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