Perez v. State

SCHWARTZ, Chief Judge.

At the retrial required by our reversal of his previous conviction in Perez v. State, 578 So.2d 510 (Fla. 3d DCA1991), the defendant was again found guilty of attempted second degree murder with a firearm. Unfortunately, we are again compelled to reverse because, although the jury charge initially defined excusable and justifiable homicide as part of the homicide instructions, it, obviously inadvertently, did not also specifically exclude justifiable and excusable homicide from the definition of the lesser included offense of manslaughter. Under Miller v. State, 573…