PEREZ v. STATE

No. 95-3586.

691 So.2d 1190 (1997)

Jose Carmen PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 23, 1997.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Sharon Wood, Assistant Attorney General, West Palm Beach, and Anne Carrion, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, Judge.

We reverse appellant's conviction for second degree murder because the trial court failed to explain excusable homicide as part of the manslaughter instruction. Well established supreme court precedent compels this result.

Appellant, Jose Perez shot and killed Juan Manriquez, his friend, brother-in-law and business partner. Perez invested approximately $9,000 in a food service business the two men had started. Dissatisfied with the way Manriquez...

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