Brimmer v. State

STONE, Judge.

The defendant, charged with manslaughter and convicted of vehicular homicide, raises two issues on appeal:

1. Whether the trial court erred in refusing to give requested jury instructions on defendant’s theory of defense and on Florida pedestrian laws allegedly violated by the decedent.

2. Whether the trial court erred in failing to instruct the jury on excusable homicide where the defendant was charged with manslaughter and convicted of vehicular homicide.

The facts are essentially undisputed. The fatal accident occurred on a residential street, which was torn up for sewer repairs.…