McNeal v. State
| Decision Date | 22 September 1995 |
| Docket Number | No. 94-1747,94-1747 |
| Citation | 662 So.2d 373 |
| Parties | 20 Fla. L. Weekly D2179 Sheldrick Lee McNEAL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Dee R. Ball, Special Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellee.
Sheldrick Lee McNeal appeals his conviction for second-degree murder after a jury trial. The trial court gave an incomplete instruction to the jury on excusable homicide by omitting paragraphs one and three as set forth in Standard Jury Instructions--Criminal Cases No. 92-1, 603 So.2d 1175, 1176-78 (Fla.1992). See also Standard Jury Instructions in Criminal Cases (94-1), 639 So.2d 602 (Fla.1994). Although defense counsel repeatedly expressed satisfaction with the proposed instruction that was given by the court, failure to give the correct instruction is fundamental error. Rojas v. State, 552 So.2d 914 (Fla.1989); Stallings v. State, 634 So.2d 784 (Fla. 5th DCA 1994); Blandon v. State, 657 So.2d 1198 (Fla. 5th DCA 1995).
We vacate the judgment and remand for a new trial.
JUDGMENT VACATED; REMANDED.
To continue reading
Request your trial
-
Mohammed v. State
...v. State , 677 So. 2d 1353, 1354 (Fla. 5th DCA 1996) ; Ortiz v. State , 682 So. 2d 217, 218 (Fla. 5th DCA 1996) ; McNeal v. State , 662 So. 2d 373, 373–74 (Fla. 5th DCA 1995) ; Beckham v. State , 884 So. 2d 969, 973–74 (Fla. 1st DCA 2004) ; Fletcher v. State , 828 So. 2d 460, 462 (Fla. 5th ......
-
Brady v. State
...incomplete instruction is not an affirmative waiver. Sams, 44 Fla. L. Weekly at D967, ––– So.3d at –––– ; see also McNeal v. State, 662 So. 2d 373, 374 (Fla. 5th DCA 1995) ("Although defense counsel repeatedly expressed satisfaction with the proposed instruction that was given by the court,......
- Department of Highway Safety v. Luttrell
-
Mitchell v. State, 97-3077
...suspended (DWLS) under section 322.34, Florida Statutes (1995). See Chicone v. State, 684 So.2d 736, 745 (Fla.1996); McNeal v. State, 662 So.2d 373, 374 (Fla. 5th DCA 1995), rev. denied, 670 So.2d 940 (Fla.1996). We are unpersuaded that notice is not an essential element of DWLS where the s......