Legal Opinion

Dowe v. State

District Court of Appeal of Florida

Decided June 23, 2010No. 4D08-616PublishedCited by 2 opinions

1Opinion of the CourtGerber, J.

The defendant appeals his convictions for second degree murder and three counts of aggravated assault with a firearm. He argues the trial court abused its discretion by not allowing him to elicit testimony regarding the dangerousness of the neighborhood where the crime occurred. He also argues the trial court used an erroneous standard jury instruction on the lesser-included offense of manslaughter. We affirm.

The “dangerousness” issue arose during opening statements. According to the state, the defendant and the victim argued at a home. The victim walked out to the street and called for the…

2Cases cited8 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Ventura v. StateSupreme Court of Florida · 2010
  3. Gillion v. StateSupreme Court of Florida · 1991
  4. Beneby v. StateDistrict Court of Appeal of Florida · 1978
  5. Singh v. StateDistrict Court of Appeal of Florida · 2010

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3Cited by2 opinions

  1. Dowe v. StateDistrict Court of Appeal of Florida · 2014
  2. Estrada v. StateDistrict Court of Appeal of Florida · 2011

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