Jefferson v. State

District Court of Appeal of Florida

Jefferson v. State

471 So. 2d 181, 10 Fla. L. Weekly 1519, 1985 Fla. App. LEXIS 14638

CourtDistrict Court of Appeal of Florida

DecidedJune 18, 1985

DocketNo. 83-2260

StatusPublished

Cited by2 cases

This text of 471 So. 2d 181 (Jefferson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jefferson v. State, 471 So. 2d 181, 10 Fla. L. Weekly 1519, 1985 Fla. App. LEXIS 14638 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The defendant Jessie James Jefferson appeals his conviction and sentence for manslaughter and raises two points on appeal. First, he claims the trial court erred in deleting portions of the standard jury instruction on deadly force in the court’s charge to the jury. We reject this contention because no evidence was adduced below to support the deleted portion of the charge. Indeed, the defendant testified, quite to the contrary, that he shot the victim accidentally, not that he shot the victim to prevent a forcible felony as the deleted charge requires. See Stevens v. State, 397 So.2d 324 (Fla. 5th DCA 1981); Cawthon v. State, 382 So.2d 796 (Fla. 1st DCA), pet. for review denied, 388 So.2d 1110 (Fla.1980). Second, he claims the trial court erred in denying his motion for mistrial based on the state’s cross-examination of the defendant at trial. We reject this contention because the cross-examination properly brought out the failure of the defense to subpoena two competent and available witnesses where the defendant’s own presentation of testimony had indicated that these witnesses could exonerate him. Romero v. State, 435 So.2d 318, 320 (Fla. 5th DCA 1983), pet. for review denied, 447 So.2d 888 (Fla.1984). The final judgment of conviction and sentence are in all respects

Affirmed.

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PER CURIAM.

The defendant Jessie James Jefferson appeals his conviction and sentence for manslaughter and raises two points on appeal. First, he claims the trial court erred in deleting portions of the standard jury instruction on deadly force in the court’s charge to the jury. We reject this contention because no evidence was adduced below to support the deleted portion of the charge. Indeed, the defendant testified, quite to the contrary, that he shot the victim accidentally, not that he shot the victim to prevent a forcible felony as the deleted charge requires. See Stevens v. State, 397 So.2d 324 (Fla. 5th DCA 1981); Cawthon v. State, 382 So.2d 796 (Fla. 1st DCA), pet. for review denied, 388 So.2d 1110 (Fla.1980). Second, he claims the trial court erred in denying his motion for mistrial based on the state’s cross-examination of the defendant at trial. We reject this contention because the cross-examination properly brought out the failure of the defense to subpoena two competent and available witnesses where the defendant’s own presentation of testimony had indicated that these witnesses could exonerate him. Romero v. State, 435 So.2d 318, 320 (Fla. 5th DCA 1983), pet. for review denied, 447 So.2d 888 (Fla.1984). The final judgment of conviction and sentence are in all respects

Affirmed.

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Bluebook (online)

471 So. 2d 181, 10 Fla. L. Weekly 1519, 1985 Fla. App. LEXIS 14638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-v-state-fladistctapp-1985.

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