Plummer v. State

District Court of Appeal of Florida

Plummer v. State

559 So. 2d 693, 1990 Fla. App. LEXIS 2310, 1990 WL 45550

CourtDistrict Court of Appeal of Florida

DecidedApril 5, 1990

DocketNo. 89-768

StatusPublished

This text of 559 So. 2d 693 (Plummer 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.

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Plummer v. State, 559 So. 2d 693, 1990 Fla. App. LEXIS 2310, 1990 WL 45550 (Fla. Ct. App. 1990).

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Opinion

ON REHEARING

PER CURIAM.

We withdraw our opinion of February 26, 1990, and substitute the following therefor.

Alonzo Plummer appeals from a conviction for manslaughter as a lesser included offense of second degree murder, with which he was charged. He argues that the trial court erred in reinstructing the jury. When the jury asked for clarification as to the definitions of second degree murder and manslaughter, the trial court refused defense counsel’s request that the definition of justifiable homicide be included in the instructions given. See Stockton v. State, 544 So.2d 1006 (Fla.1989).

The state, in its answer brief, has candidly conceded error as to the issue raised by appellant. Accordingly, appellant’s conviction and sentence are set aside and this cause is reversed and remanded for new trial.

ERVIN, WENTWORTH and BARFIELD, JJ., concur.

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