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592 So. 2d 368

Leverett v. State

District Court of Appeal of Florida

Decided January 22, 1992

District Court of Appeal of Florida · decided 1992-01-22

Cited by 1 later decisions — most recently May 2002

1 state decisions

Relies on 573 So. 2d 306 - State v. Smith · Reed v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-01-22

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LETTS, Judge.

¶1During a second degree murder trial, the defendant offered up some evidence of justifiable and excusable homicide and a “long-form” jury instruction was given thereon. After retiring, the jury returned for further instruction and this time was only read the “short-form” version over defendant’s objection and request for repeat of the “long-form.” We reverse.

¶2In Reed v. State, 531 So.2d 358 (Fla. 5th DCA 1988), the Fifth District held that when a jury asks for re-instruction, such should be as complete as was the original. We think the Fifth District was correct in view of the extensive discourse on this subject in State v. Smith, 573 So.2d 306 (Fla.1990). In Smith, our supreme court noted that “failure to give the long-form instruction when it was not requested did not constitute fundamental error.” Id. at 310. It logically follows that failure to give the long-form where it is requested is error, especially when a proper objection is lodged.

¶3We find no other error on appeal.

¶4REVERSED AND REMANDED FOR A NEW TRIAL.

DELL and POLEN, JJ., concur.
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