Faulk v. State

District Court of Appeal of Florida

Faulk v. State

573 So. 2d 199, 1991 Fla. App. LEXIS 412, 1991 WL 6012

District Court of Appeal of Florida·Decided January 24, 1991·No. No. 90-505·Published·Cited by 1 cases

Opinion

DAUKSCH, Judge.

We affirm the conviction of appellant and certify the same question we certified in Armstrong v. State, 566 So.2d 943 (Fla. 5th DCA 1990) as being of great public importance.

DOES TRIAL COUNSEL FOR A DEFENDANT WAIVE FOR HIS CLIENT FUTURE OBJECTION TO FAILURE TO GIVE THE FULL AND COMPLETE INITIAL INSTRUCTION ON JUSTIFIABLE AND EXCUSABLE HOMICIDE AS PART OF THE MANSLAUGHTER INSTRUCTION WHEN THE TRIAL ATTORNEY SPECIFICALLY REQUESTS AN ABBREVIATED INSTRUCTION, WHICH OTHERWISE WOULD CONSTITUTE FUNDAMENTAL ERROR?

AFFIRMED.

PETERSON, J., and FOWLER, R.J., Associate Judge, concur.

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DAUKSCH, Judge.

We affirm the conviction of appellant and certify the same question we certified in Armstrong v. State, 566 So.2d 943 (Fla. 5th DCA 1990) as being of great public importance.

DOES TRIAL COUNSEL FOR A DEFENDANT WAIVE FOR HIS CLIENT FUTURE OBJECTION TO FAILURE TO GIVE THE FULL AND COMPLETE INITIAL INSTRUCTION ON JUSTIFIABLE AND EXCUSABLE HOMICIDE AS PART OF THE MANSLAUGHTER INSTRUCTION WHEN THE TRIAL ATTORNEY SPECIFICALLY REQUESTS AN ABBREVIATED INSTRUCTION, WHICH OTHERWISE WOULD CONSTITUTE FUNDAMENTAL ERROR?

AFFIRMED.

PETERSON, J., and FOWLER, R.J., Associate Judge, concur.

Faulk v. State, 573 So. 2d 199, 1991 Fla. App. LEXIS 412, 1991 WL 6012 (Fla. Ct. App. 1991).

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Opinion

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