Davis v. State

SCHWARTZ, Senior Judge.

Davis was charged with and convicted of attempted premeditated murder and now appeals. We reverse for a new trial because of two fundamental errors in the jury instructions:

1. The court omitted entirely any definition of “excusable homicide.” See State v. Lucas, 645 So.2d 425 (Fla.1994); Rojas v. State, 552 So.2d 914 (Fla.1989); Richardson v. State, 818 So.2d 679 (Fla. 3d DCA 2002).

2. The charge on attempted voluntary manslaughter as a lesser included offense required an intent to kill, which, as we have held in Coiscou v. State, 43 So.3d 123 (Fla. 3d DCA 2010) and Bass…