Lumsden v. State

Full title: JEREMIAH JARLEE LUMSDEN, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Mar 12, 2021

313 So. 3d 213 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D20-523

03-12-2021

Jeremiah Jarlee LUMSDEN, Appellant, v. STATE of Florida, Appellee.

Matthew J. Metz, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Matthew J. Metz, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. Jeremiah Jarlee Lumsden appeals his judgment and sentence arguing that the trial court erred when it determined that the evidence did not support giving the good faith defense instruction to the jury. See Fla. Std. Jury Instr. (Crim.) 14.1; see also Cliff Berry, Inc. v. State , 116 So. 3d 394 (Fla. 3d DCA 2012). Based on our record, we agree and reverse for a new trial.

REVERSED and REMANDED.

EISNAUGLE, SASSO and NARDELLA, JJ., concur.