State of Florida v. Damani Spencer

This case is before the Court for review of the decision of the First District Court of Appeal in Spencer v. State, 216 So.3d 1;, 2015 WL 9287020 (Fla. 1st DCA Dec. 22, 2015. In its decision, the district court certified the same question of great public importance that it previously certified in Moore v. State, 114 So.3d 486, 493-94 (Fla. 1st DCA 2013):

WHEN A DEFENDANT IS CONVICTED OF EITHER MANSLAUGHTER OR A GREATER OFFENSE NOT MORE THAN ONE STEP REMOVED, DOES THE FAILURE TO INSTRUCT THE JURY ON JUSTIFIABLE OR EXCUSABLE HOMICIDE CONSTITUTE FUNDAMENTAL ERROR NOT SUBJECT TO A HARMLESS ERROR…