JACKSON v. STATE

No. 93-44.

622 So.2d 182 (1993)

John JACKSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 16, 1993.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Jackson appeals his conviction of second degree murder, arguing he was entitled to a jury instruction on third degree felony murder. We agree and reverse.

Appellant and the victim, Buddy Harris, had been engaged in an ongoing dispute about Harris's careless driving on the road where Jackson lived. While no physical altercation had ever occurred, appellant frequently "called the law," and obscene name calling was common. Harris had thrown bottles...

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