Long v. State

District Court of Appeal of Florida

Long v. State

83 So. 3d 980, 2012 WL 966497, 2012 Fla. App. LEXIS 4570

CourtDistrict Court of Appeal of Florida

DecidedMarch 23, 2012

DocketNos. 5D10-810, 5D10-811

StatusPublished

This text of 83 So. 3d 980 (Long 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

Long v. State, 83 So. 3d 980, 2012 WL 966497, 2012 Fla. App. LEXIS 4570 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

Omar Long (Defendant) appeals the judgment finding him guilty of manslaughter by culpable negligence and the order revoking his probation on a previous charge.¹ Defendant argues that: 1) the evidence presented by the State was legally insufficient to convict him of manslaughter; and 2) the trial court erred in not instructing the jury on the lesser included offense of leaving a child unattended in a motor vehicle pursuant to section 316.6135, Florida Statutes (2009). In addition, Defendant requests that the order revoking probation be reversed in the event his manslaughter conviction is reversed.

We find that there was sufficient evidence to submit the manslaughter charge to the jury and affirm on that ground ■without further discussion. With respect to Defendant’s claim that the trial court [981]*981erred in failing to instruct the jury on a lesser included offense, we affirm without prejudice to Defendant to file an appropriate motion for postconviction relief. We also affirm the order revoking Defendant’s probation.

AFFIRMED.

SAWAYA, PALMER and JACOBUS, JJ., concur.

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PER CURIAM.

Omar Long (Defendant) appeals the judgment finding him guilty of manslaughter by culpable negligence and the order revoking his probation on a previous charge.¹ Defendant argues that: 1) the evidence presented by the State was legally insufficient to convict him of manslaughter; and 2) the trial court erred in not instructing the jury on the lesser included offense of leaving a child unattended in a motor vehicle pursuant to section 316.6135, Florida Statutes (2009). In addition, Defendant requests that the order revoking probation be reversed in the event his manslaughter conviction is reversed.

We find that there was sufficient evidence to submit the manslaughter charge to the jury and affirm on that ground ■without further discussion. With respect to Defendant’s claim that the trial court [981]*981erred in failing to instruct the jury on a lesser included offense, we affirm without prejudice to Defendant to file an appropriate motion for postconviction relief. We also affirm the order revoking Defendant’s probation.

AFFIRMED.

SAWAYA, PALMER and JACOBUS, JJ., concur.

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Bluebook (online)

83 So. 3d 980, 2012 WL 966497, 2012 Fla. App. LEXIS 4570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-state-fladistctapp-2012.