Mattier v. State

District Court of Appeal of Florida

Mattier v. State

711 So. 2d 256, 1998 Fla. App. LEXIS 8845, 1998 WL 281334

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1998

DocketNo. 97-1862

StatusPublished

Cited by1 cases

This text of 711 So. 2d 256 (Mattier 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

Mattier v. State, 711 So. 2d 256, 1998 Fla. App. LEXIS 8845, 1998 WL 281334 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

We affirm Appellant’s conviction of first-degree murder. We find no error in the trial court’s denial of Appellant’s request for a special jury instruction on the crime of manslaughter by unnecessary killing to prevent an unlawful act. See § 782.11, Fla. Stat. (1997). The standard jury instructions on self-defense given here adequately covered an unnecessary killing under a claim of self-defense. See State v. Carrizales, 356 So.2d 274 (Fla.1978). A special instruction on unnecessary killing should be given only where a victim was attempting to commit a felony or other unlawful act independent of an unlawful act directed solely at the defendant. Cf. State v. Kadet, 455 So.2d 389 (Fla. 5th DCA 1984). As to the other issue raised, we find any error harmless.

STONE, C.J., and FARMER and GROSS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm Appellant’s conviction of first-degree murder. We find no error in the trial court’s denial of Appellant’s request for a special jury instruction on the crime of manslaughter by unnecessary killing to prevent an unlawful act. See § 782.11, Fla. Stat. (1997). The standard jury instructions on self-defense given here adequately covered an unnecessary killing under a claim of self-defense. See State v. Carrizales, 356 So.2d 274 (Fla.1978). A special instruction on unnecessary killing should be given only where a victim was attempting to commit a felony or other unlawful act independent of an unlawful act directed solely at the defendant. Cf. State v. Kadet, 455 So.2d 389 (Fla. 5th DCA 1984). As to the other issue raised, we find any error harmless.

STONE, C.J., and FARMER and GROSS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

711 So. 2d 256, 1998 Fla. App. LEXIS 8845, 1998 WL 281334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattier-v-state-fladistctapp-1998.

Opinion

Related

Cite This Page — Counsel Stack