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552 So. 2d 202

552 So.2d 202

14 Fla.L.Weekly 581

Garcia v. State

Supreme Court of Florida

Decided November 22, 1989

Supreme Court of Florida · decided 1989-11-22

Cited by 2 later decisions — most recently November 1995

2 state decisions

Relies on 544 So. 2d 1006 - Stockton v. State · 500 So. 2d 578 - Lowe v. State · 451 So. 2d 539 - Niblack v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-22

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PER CURIAM.

¶1We have for review Garcia v. State, 535 So.2d 290 (Fla. 3d DCA 1988), based on certified conflict with Niblack v. State, 451 So.2d 539 (Fla.2d DCA 1984), and Lowe v. State, 500 So.2d 578 (Fla. 4th DCA 1986). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶2This case presents the question of whether it is reversible error for a trial court to refuse to reinstruct on justifiable and excusable homicide when it reinstructs on manslaughter. We recently have answered this question in the affirmative in Stockton v. State, 544 So.2d 1006 (Fla.1989). Accordingly, we quash the opinion below and remand for further proceedings consistent with our opinion in Stockton.

¶3It is so ordered.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
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