Harvey v. State

26 So.3d 685 (2010)

Brian HARVEY, Appellant,

v.

STATE of Florida, Appellee.

No. 5D08-2221.

District Court of Appeal of Florida, Fifth District.

January 29, 2010.

F.W. Blankner, Jr., of Jaeger & Blankner, Orlando, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

Brian Harvey (defendant) appeals his judgment and sentence which were entered by the trial court on his first-degree felony murder conviction. Determining that the trial court committed harmful error in refusing to give the defendant's…