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ESPINOZA v. STATE

No. 97-980.

706 So.2d 111 (1998)

Johnny Davislay ESPINOZA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 20, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Howard E. Landau, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GREEN and SHEVIN, JJ.

PER CURIAM.

The defendant was convicted of manslaughter with a firearm after a jury trial. The record showed that the victim was a friend of the defendant who was fatally shot when a pistol being cleaned by the defendant fired when the trigger was accidentally touched and the victim was two to three feet away. We agree that this showing without any additional aggravating circumstances was insufficient to justify the conviction under review. See In the Interest...

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