Welch v. State

CAMPBELL, Acting Chief Judge.

Appellant challenges his judgment and sentence for the first degree murder of Ms father. On appeal, he contends that the trial court erred in failing to give a special instruction on premeditation arguing that the standard jury instruction does not properly apply Florida law. We disagree.

In Spencer v. State, 645 So.2d 877 (Fla.1994), the supreme court held that section 782.04(l)(a), Florida Statutes (1991), properly instructed the jury about the element of premeditated design, which was defined by the court in McCutchen v. State, 96 So.2d 152 (Fla.1957). The court…