REYES v. STATE

No. 3D05-14.

924 So.2d 932 (2006)

Ezequiel REYES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 29, 2006.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Thomas Regnier, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

Before GERSTEN, RAMIREZ, and SHEPHERD, JJ.


PER CURIAM.

Ezequiel Reyes ("Reyes"), appeals the trial court's judgment and sentence for second degree murder. Reyes contends that the trial court erred in failing to instruct the jury on the definitions for justifiable and excusable homicide. We reverse.

In all murder and manslaughter cases, the court must instruct the jury as to the definitions of justifiable and excusable homicide. Rojas v. State, 552 So.2d 914

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