Summary
holding that the state's evidence was sufficient to rebut defendant's theory of self-defense where the state presented evidence that defendant lied to both the 911 operator and the police about her involvement in the shooting and one of the police officers testified that the defendant did not appear disheveled and did not have any bruises that would indicate that she was recently the victim of domestic violence
Summary of this case from Briner v. Sec'y, Dep't of Corr.Opinion
No. 1D08-2528.
September 25, 2009.
An appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge.
Rick Sichta and Frank J. Tassone of Tassone Sichta, LLC, Jacksonville, for Appellant.
Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, Willie Hardee, challenges his conviction for second-degree murder with a weapon. Because the trial court gave the standard jury instruction for the lesser included offense of manslaughter by act, Appellant's conviction for second-degree murder is reversed and the case is remanded for a new trial. Montgomery v. State, ___ So.3d ___, 2009 WL 350624 (Fla. 1st DCA 2009), review granted, State v. Montgomery, 11 So.3d 943 (Fla. 2009). All other issues raised on appeal are affirmed without further discussion.
REVERSED and REMANDED.
BARFIELD, DAVIS, and ROBERTS, JJ., concur.