District Court of Appeal of Florida

A conviction and sentence for first degree murder is reversed where the giving of a forcible felony exception instruction constituted fundamental error and could be considered in the absence of an objection. A question is certified regarding whether fundamental error occurs when an erroneous jury instruction relates only to an affirmative defense and not an essential element of the crime.

Appellate Information

• Decided 11/10/2006
• Published 11/10/2006

Judges

Court

• District Court of Appeal of Florida

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