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STATE v. LUCAS

No. 82877.

645 So.2d 425 (1994)

STATE of Florida, Petitioner, v. David F. LUCAS, Respondent.

Supreme Court of Florida.

November 17, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Carolyn J. Mosley, Asst. Atty. Gen. and James W. Rogers, Bureau Chief, Criminal Appeals, Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender, and Lynn A. Williams and Kathleen Stover, Asst. Public Defenders, Tallahassee, for respondent.

PER CURIAM.

We have for review Lucas v. State, 630 So.2d 597 (Fla. 1st DCA 1993), in which the First District Court of Appeal certified the following question as being of great public importance:

WHEN A DEFENDANT HAS BEEN CONVICTED OF EITHER MANSLAUGHTER OR A GREATER OFFENSE NOT MORE THAN ONE STEP REMOVED, DOES FAILURE TO EXPLAIN JUSTIFIABLE AND EXCUSABLE HOMICIDE AS PART OF THE MANSLAUGHTER INSTRUCTION ALWAYS CONSTITUTE...

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