Jones v. State

The final judgments of conviction and sentences under review for first-degree murder and unlawful possession of a firearm during the commission of a felony are reversed and the cause is remanded for a new trial. Based on the controlling authority of Radillo v. State, 582 So.2d 634 (Fla. 3d DCA), rev. denied, 583 So.2d 1037 (Fla.1991), we conclude that the trial court committed reversible error in giving, over objection, the “sudden combat” portion of the excusable homicide instruction to the jury. As we held in Radillo, this is so because (1) the “sudden combat” portion of the jury charge was…