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NELSON v. STATE

Nos. 95-2636, 95-4081.

679 So.2d 1249 (1996)

Albert NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification of Question Denied October 14, 1996.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee; and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, Judge.

Appellant, who was convicted of second degree murder with a firearm, argues that the court erred in instructing the jury on manslaughter without also instructing on excusable and justifiable homicide. We reverse.

In State v. Lucas, 645 So.2d 425, 427 (Fla. 1994), our supreme court held that it was fundamental error for the court to omit an instruction on excusable and justifiable homicide when instructing...

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