Florida District Courts of Appeal, 2003

McCray v. State

Florida District Courts of Appeal · Decided June 11, 2003 · Allen, Browning, Webster

846 So. 2d 1253; 2003 Fla. App. LEXIS 8720; 2003 WL 21338612 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Beckham v. State (Fla. Dist. Ct. App. 2004)

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.

The appellant challenges a manslaughter conviction, arguing that the court erred in the manslaughter instruction by failing to explain that this offense does not encompass justifiable or excusable homicide. As indicated in Rojas v. State, 552 So.2d 914 (Fla. 1989), manslaughter is a residual offense which requires such an explanation for a proper definition of the crime. See also, e.g., *1254State v. Lucas, 645 So.2d 425 (Fla. 1994). Furthermore, the failure to refer to justifiable and excusable homicide in connection with the manslaughter instruction is fundamental error. E.g. Lucas; Rojas. The appealed order is therefore reversed and the case is remanded.

ALLEN, C.J., WEBSTER and BROWNING, JJ., concur.

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