Gonzalez v. State
| Decision Date | 10 February 1987 |
| Docket Number | No. 83-1739,83-1739 |
| Parties | 12 Fla. L. Weekly 478 Jorge GONZALEZ, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Sharon B. Jacobs, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., and Mark S. Sussman, Certified Legal Intern, for appellee.
Before BARKDULL, NESBITT and FERGUSON, JJ.
Gonzalez raises three points on appeal of his conviction of and sentence for manslaughter. We find that the first issue was not properly preserved for appeal. See Matheson v. State, 500 So.2d 1341 (Fla.1987). Finding, also, that the trial court did not depart from the requirements of Florida Rule of Criminal Procedure 3.710 we have only to address appellant's second point on appeal.
While the jury was deliberating in this case, it requested that the trial court re-instruct it on the lesser-included offenses of second-degree murder, the charge pending against Gonzalez. Gonzalez contends that the trial court erred in responding to the request by gratuitously re-instructing the jury on all of the charges, including second-degree murder, while refusing appellant's request to include the instruction on self-defense. We disagree.
Where a trial court directly responds to a jury's specific request and limits its re-instruction accordingly, there is no error. See Henry v. State, 359 So.2d 864 (Fla.1978). In this case, the jury requested re-instruction of only the lesser-included charges. In its response to the request, the trial court properly included charges of the greater offense and of justifiable and excusable homicide, thereby giving complete instructions on the subject. See Hedges v. State, 172 So.2d 824 (Fla.1965); Bristow v. State, 338 So.2d 553 (Fla. 3d DCA 1976). The trial court also properly limited its response to the jury's request by denying Gonzalez' request to re-instruct the jury on self-defense, and this was not misleading. See Bristow, 338 So.2d at 556; see also Cheatham v. State, 346 So.2d 1218 (Fla. 3d DCA 1977). Gonzalez contends that this conflicts with McCormick v. State, 308 So.2d 126 (Fla. 4th DCA 1975). In McCormick, the district court held that it was error for the trial court to omit an instruction on self-defense in recharging the jury. McCormick is distinguishable, however, from the present case. In McCormick, the jury requested the court to summarize all of the...
To continue reading
Request your trial
-
Garcia v. State, 87-2543
...of proof, without also re-reading a previously given instruction concerning the defense of good faith mistake."); Gonzalez v. State, 502 So.2d 66, 67 (Fla. 3d DCA 1987) ("The trial court also properly limited its response to the jury's request by denying Gonzalez' request to re-instruct the......
-
Carranza v. State, 4-86-2085
...that, in the case of manslaughter, the general instructions on excusable and justifiable homicide are also given. See Gonzalez v. State, 502 So.2d 66 (Fla. 3d DCA 1987); Reifsnyder v. State, 428 So.2d 738 (Fla. 2d DCA 1983); Gross v. State, 397 So.2d 313 (Fla. 4th DCA 1981); Bristow v. Stat......
-
Wilson v. State, 4D03-855.
...to the jury so long as they are complete on the subject. See Henry v. State, 359 So.2d 864, 866 (Fla.1978); see also Gonzalez v. State, 502 So.2d 66, 67 (Fla. 3d DCA 1987) (finding no abuse of discretion where trial court responded to jury's request for reinstruction on lesser included offe......
-
Williams v. State, 91-261
...of deadly force. See Henry v. State, 359 So.2d 864 (Fla.1978); Reynolds v. State, 438 So.2d 190 (Fla. 1st DCA 1983); Gonzalez v. State, 502 So.2d 66 (Fla. 3d DCA 1987); Reifsnyder v. State, 428 So.2d 738 (Fla. 2d DCA 1983). However, we vacate the provision in the written sentence imposing r......