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Segar v. State

District Court of Appeal of Florida, Second District
Dec 28, 1977
353 So. 2d 219 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-767.

December 28, 1977.

Appeal from the Circuit Court, Polk County, Thomas M. Langston, J.

Edward C. Flood, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.


By information Harry Howard Segar, Jr. was charged with attempted first-degree murder. He filed a timely notice that he would rely upon the defense of insanity. After trial by jury he was convicted of the offense charged and sentenced to a term of fifty years in the state prison with credit for time served. Appellant contends that the trial court committed reversible error in refusing to instruct the jury of the consequences of a verdict of not guilty by reason of insanity. We agree and reverse the judgment and sentence. See Wheeler v. State, 344 So.2d 244 (Fla. 1977); Roberts v. State, 335 So.2d 285 (Fla. 1976); Fla.R.Crim.P. 3.460.

REVERSED and REMANDED for a new trial.

HOBSON and OTT, JJ., concur.


Summaries of

Segar v. State

District Court of Appeal of Florida, Second District
Dec 28, 1977
353 So. 2d 219 (Fla. Dist. Ct. App. 1977)
Case details for

Segar v. State

Case Details

Full title:HARRY HOWARD SEGAR, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 28, 1977

Citations

353 So. 2d 219 (Fla. Dist. Ct. App. 1977)