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Florida District Courts of Appeal, 1991

Roscoe v. State

Roscoe v. State
Florida District Courts of Appeal · Decided December 18, 1991 · Dell, Glickstein, Polen
589 So. 2d 1046; 1991 Fla. App. LEXIS 12933; 1991 WL 270098 (Southern Reporter, Second Series)

Roscoe v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

DELL and POLEN, JJ., concur. GLICKSTEIN, C.J., concurs specially with opinion.

Concurring Opinion

GLICKSTEIN, Chief Judge,

concurring specially.

The instruction on flight in this case did not have the language which the court found to constitute harmful error in Stanley v. State, 560 So.2d 1269 (Fla. 3d DCA 1990). Even in that case the court said that giving the instruction on flight was not error.

In the present case, the defendant claimed self-defense after being knocked to the ground with a shovel by the victim, then driving around to find the victim, *1047which he did, following which he shot the victim in the back and drove away, albeit at a normal rate of speed.

We are aware of the decision in Lefevre v. State, 585 So.2d 457 (Fla. 1st DCA 1991).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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