LOONEY v. STATE

No. 98-04226.

756 So.2d 239 (2000)

Danny R. LOONEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 26, 2000.


Attorney(s) appearing for the Case

John E. Fernandez, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

Danny Looney appeals his manslaughter conviction. He argues that the trial court erred by deviating from the standard jury instruction on manslaughter and by instructing the jury on the definition of culpable negligence. We agree and also find error in the State's charging document. Accordingly, we reverse.

Subsection 782.07(1), Florida Statutes (1995), defines manslaughter as, "The killing of a human being by the act, procurement, or culpable...

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