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DAVIS v. STATE

No. 3D10-1629.

100 So.3d 1152 (2012)

Wade DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 6, 2012.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, Eleventh Judicial Circuit, and Melissa Del Valle , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Lunar Claire Alvey , Assistant Attorney General, for appellee.

Before SALTER and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

Davis was charged with and convicted of attempted premeditated murder and now appeals. We reverse for a new trial because of two fundamental errors in the jury instructions:

1. The court omitted entirely any definition of "excusable homicide." See State v. Lucas, 645 So.2d 425 (Fla. 1994); Rojas v. State, 552 So.2d 914 (Fla.1989); Richardson v...

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