Floyd v. State, 1D11–4465.
Decision Date | 26 August 2014 |
Docket Number | No. 1D11–4465.,1D11–4465. |
Citation | 151 So.3d 452 |
Parties | Robert Franklin FLOYD, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Michael Ufferman, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee.
REVISED OPINION
Robert Franklin Floyd challenges his convictions for second degree murder and shooting into an occupied vehicle. Floyd raises six issues on appeal, but we need only address one. Because the trial court's conflicting instructions to the jury amounted to fundamental error, we reverse and remand for a new trial.
On February 27, 2010, Floyd was hosting a party at his residence. During that party, a dispute arose among some of those in attendance. According to the State's evidence, Floyd then shoved one of the individuals, who in turn displayed a pistol and who then retreated to his vehicle with a companion. Floyd meanwhile retrieved a rifle from his vehicle. The State further contended at trial that Floyd was the first to fire his weapon. Floyd, however, maintained that the other two individuals first opened fire from their vehicle and only then did he return fire. A bullet struck the passenger of the vehicle in his back, causing his death. At trial, Floyd claimed self-defense pursuant to the “stand your ground” law.
Before jury deliberations commenced, the jury was instructed in pertinent part:
(Emphasis added).
On appeal, Floyd argues that one part of the instruction negated the other, such that while...
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