Taylor v. State

Full title: ERNEST TAYLOR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Aug 11, 1993

622 So. 2d 603 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-01278.

August 11, 1993.

Appeal from the Circuit Court for Lee County, William J. Nelson, J.

James Marion Moorman, Public Defender, and Robert F. Moeller, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We reverse the appellant's conviction and sentence for attempted second degree murder with a firearm because the trial court failed to give the jury a complete instruction on manslaughter including an explanation of both justifiable and excusable homicide. See Rinaldi v. State, 614 So.2d 1197 (Fla. 2d DCA 1993). We remand for a new trial on the charge of attempted second degree murder.

We affirm the appellant's conviction and sentence for possession of a firearm by a convicted felon.

DANAHY, A.C.J., and PATTERSON and ALTENBERND,^_ JJ., Concur.

_ Judge ALTENBERND participated in the decision on rehearing, but did not participate in the original decision.