BRANCACCIO v. STATE

No. 95-4135.

698 So.2d 597 (1997)

Victor BRANCACCIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Certification Denied September 15, 1997.


Attorney(s) appearing for the Case

Roy Black and Christine M. Ng of Black, Srebnick & Kornspan, P.A., Miami, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sharon A. Wood and Joseph A. Tringali, Assistant Attorney Generals, West Palm Beach, for appellee.


KLEIN, Judge.

Appellant was found guilty of first degree murder and kidnapping and sentenced to life in prison. He had admitted the killing, and the only issue for the jury to determine was whether he had the mental capacity to form the intent necessary to commit the crimes. We must reverse for a new trial because the court erred in refusing to instruct the jury on appellant's primary defense, which was that he was involuntarily intoxicated as a result of the medication...

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