Attardo v. State

District Court of Appeal of Florida

Attardo v. State

993 So. 2d 139, 2008 Fla. App. LEXIS 16445, 2008 WL 4681172

District Court of Appeal of Florida·Decided October 24, 2008·No. No. 5D07-3255·Published

Opinion

PER CURIAM.

Appellant, Joseph Attardo [“Attardo”], appeals his conviction and sentence for manslaughter by culpable negligence with a firearm. Attardo argues that his motion for judgment of acquittal was erroneously denied and that there were errors in the jury instructions.

We find no reversible error. The question whether Attardo was justified in the use of deadly force in defense of another was a question of fact for the jury to decide, given the evidence of events and circumstances surrounding the shooting. See § 776.012, Fla. Stat. (2006). The errors asserted in the jury instructions were not fundamental, if error at all.

AFFIRMED.

PALMER, C.J., GRIFFIN and LAWSON, JJ., concur.

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PER CURIAM.

Appellant, Joseph Attardo [“Attardo”], appeals his conviction and sentence for manslaughter by culpable negligence with a firearm. Attardo argues that his motion for judgment of acquittal was erroneously denied and that there were errors in the jury instructions.

We find no reversible error. The question whether Attardo was justified in the use of deadly force in defense of another was a question of fact for the jury to decide, given the evidence of events and circumstances surrounding the shooting. See § 776.012, Fla. Stat. (2006). The errors asserted in the jury instructions were not fundamental, if error at all.

AFFIRMED.

PALMER, C.J., GRIFFIN and LAWSON, JJ., concur.

Attardo v. State, 993 So. 2d 139, 2008 Fla. App. LEXIS 16445, 2008 WL 4681172 (Fla. Ct. App. 2008).

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