MATTIER v. STATE (1998)

District Court of Appeal of Florida,Fourth District.

Timothy MATTIER, Appellant, v. STATE of Florida, Appellee.

No. 97-1862.

Decided: June 03, 1998

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellee.

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.

PER CURIAM.

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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network