Public-domain · open source
OpenJurist

662 So. 2d 373

McNeal v. State

District Court of Appeal of Florida

Decided September 22, 1995

District Court of Appeal of Florida · decided 1995-09-22

Cited by 1 later decisions — most recently February 1998

1 state decisions

Relies on 603 So. 2d 1175 - Standard Jury Instructions-Criminal Cases · 552 So. 2d 914 - Rojas v. State · 657 So. 2d 1198 - Blandon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-09-22

View the full empirical analysis of this case →

PER CURIAM.

¶1Sheldrick 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 *374by 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 (91-1), 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).

¶2We vacate the judgment and remand for a new trial.

¶3JUDGMENT VACATED; REMANDED.

PETERSON, C.J., and GRIFFIN and THOMPSON, JJ., concur.
/662/so2d/373 · .json · Public domain