Peters v. State

Full title: JOHN PETERS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 5, 1992

598 So. 2d 199 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-2348.

May 5, 1992.

Appeal from the Circuit Court, Dade County, Steve Levine, J.

Bennett H. Brummer, Public Defender and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Francine Thomas, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and GODERICH, JJ.

CONFESSION OF ERROR

PER CURIAM.

The defendant, John Peters, appeals from a judgment of conviction for attempted manslaughter. Upon the state's proper confession that the trial court erred in failing to instruct the jury that excusable and justifiable homicide are elements of manslaughter, we reverse and remand for a new trial. See Rojas v. State, 552 So.2d 914 (Fla. 1989); Kinnamon v. State, 593 So.2d 334 (Fla. 3d DCA 1992); Miller v. State, 561 So.2d 596 (Fla. 3d DCA), rev. denied, 574 So.2d 143 (Fla. 1990).