LUMSDEN v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Jeremiah Jarlee LUMSDEN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-523

Decided: March 12, 2021

Matthew J. Metz, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

Jeremiah Jarlee Lumsden appeals his judgment and sentence arguing that the trial court erred when it determined that the evidence did not support giving the good faith defense instruction to the jury. See Fla. Std. Jury Instr. (Crim.) 14.1; see also Cliff Berry, Inc. v. State, 116 So. 3d 394 (Fla. 3d DCA 2012). Based on our record, we agree and reverse for a new trial.

REVERSED and REMANDED.

PER CURIAM.

EISNAUGLE, SASSO and NARDELLA, JJ., concur.

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