MANCUSO v. STATE

No. 93-3148.

636 So.2d 753 (1994)

Dennis MANCUSO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Certifying Question April 13, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We reverse appellant's conviction for leaving the scene of an accident which killed one individual and seriously injured another because of the absence of any instruction to the jury on "constructive knowledge" of the death/injury. We also remand for a new trial. In doing so, we do not fault the trial court as there was no standard jury instruction upon the substantive crime.

The standard jury instruction...

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