Garcia v. State

This cause is before us on appeal from a judgment and sentence in which appellant was adjudicated guilty of second-degree murder and sentenced to a term of life imprisonment. We find it necessary to reverse the judgment and sentence based on the trial court’s refusal to give a jury instruction on third-degree felony murder as required by Green v. State, 475 So.2d 235 (Fla.1985), and Johnson v. State, 423 So.2d 614 (Fla. 1st DCA 1982).

The Supreme Court in Green, supra, at 236, held that “[although third-degree felony murder is not a necessary included offense of first-degree murder, it is,…