Buckbee v. State, 84-753
| Decision Date | 20 February 1985 |
| Docket Number | No. 84-753,84-753 |
| Citation | 10 Fla. L. Weekly 473,463 So.2d 1240 |
| Parties | 10 Fla. L. Weekly 473 Harriet V. BUCKBEE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Robert E. Adler, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.
Harriet V. Buckbee appeals her conviction of manslaughter with a firearm and sentence of seven years imprisonment.
Buckbee was charged with second degree murder with a firearm. It is undisputed that the victim died as a result of gunfire from her pistol during an argument. The trial court refused to instruct the jury that it could find Buckbee guilty of the lesser included offense of culpable negligence. Upon conviction of manslaughter with a firearm the trial court reclassified the crime to a first degree felony because of the use of a firearm in the commission thereof.
Buckbee contends the trial court committed reversible error for failure to give her requested instruction on what she contends was the lesser included offense of culpable negligence and in reclassifying the crime to a first degree felony.
Appellant is wrong on the instruction point. State v. Simone, 431 So.2d 718 (Fla. 3d DCA 1983); Thomas v. State, 434 So.2d 12 (Fla. 1st DCA 1983); and wrong on the sentencing point. Miller v. State, 460 So.2d 373 (Fla.1984); State v. Smith, 462 So.2d 1102 (Fla.1985).
Accordingly, the judgment and sentence appealed from are affirmed.
AFFIRMED.
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...felony based on Ortagus' use of a firearm, we find no error. See, Strickland v. State, 437 So.2d 150 (Fla.1983); Buckbee v. State, 463 So.2d 1240 (Fla. 4th DCA 1985) (trial court did not commit reversible error when, upon conviction of manslaughter with a firearm in prosecution for second d......
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Sullivan v. State, 89-02605
...is cited, and we find none that supports that position. The cases cited by appellee are, in fact, to the contrary. In Buckbee v. State, 463 So.2d 1240 (Fla. 4th DCA 1985), defendant was charged with second-degree murder with a firearm, convicted of manslaughter with a firearm, and on appeal......
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Stafford v. State, 91-315
...and appellant was not subjected to an illegal sentence. Webster v. State, 500 So.2d 285 (Fla. 1st DCA 1986); and Buckbee v. State, 463 So.2d 1240 (Fla. 4th DCA 1985). ERVIN, SMITH and ALLEN, JJ., concur. ...