Florida District Courts of Appeal, 1995

McNeal v. State

Florida District Courts of Appeal · Decided September 22, 1995 · Griffin, Peterson, Thompson

662 So. 2d 373; 1995 Fla. App. LEXIS 9928; 1995 WL 559936 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

JAMES MICHAEL BRADY v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2019)
Mitchell v. State (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Sheldrick 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).

We vacate the judgment and remand for a new trial.

JUDGMENT VACATED; REMANDED.

PETERSON, C.J., and GRIFFIN and THOMPSON, JJ., concur.

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