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558 So. 2d 184

Davis v. State

District Court of Appeal of Florida · decided 1990-03-21

Relies on 552 So. 2d 914 - Rojas v. State · 493 So. 2d 451 - Butler v. State

Decided 1990-03-21

PER CURIAM.

¶1We affirm. The trial court did not err in its reinstruction on second degree murder. Likewise, the instruction on justifiable and excusable homicide given as an introduction to homicide, and referred to in the instruction on manslaughter was also proper, in accordance with Rojas v. State, 552 So.2d 914 (Fla.1989).

¶2We address the third issue concerning the trial court’s failure to instruct on culpable negligence as part of the instruction on manslaughter. In general, jury instructions must relate to the issues concerning evidence at trial. Butler v. State, 493 So.2d 451 (Fla.1986). Specifically, the Florida Supreme Court noted in its instruction on culpable negligence that it be given “only if ... alleged and proved.” Fla. Standard Jury Instructions 68 (1985). Upon review of the record, the evidence did not support an instruction on culpable negligence. Therefore, we hold that the trial court did not err.

¶3AFFIRMED.

HERSEY, C.J., and LETTS and GUNTHER, JJ„ concur.
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