Thomas v. State

NIMMONS, Judge.

Thomas appeals from his conviction of manslaughter claiming that the trial court reversibly erred by denying his request that the jury be instructed on the lesser misdemeanor offense of culpable negligence under Section 784.05, Florida Statutes (1981). We affirm the conviction.

Thomas shot and killed his stepdaughter’s fiance. He was tried on a charge of second degree murder. At trial, he defended on the basis of accident or, alternatively, self-defense. There was no question that the victim died as a result of the gunshot wound. Under such circumstances, the trial court was not…