SC02-2411

State: Florida

Docket No: SC02-2411

Case Date: 02/24/2005

Preview:Supreme Court of Florida
____________ No. SC02-2411 ____________ JOSE PENA, Petitioner, vs. STATE OF FLORIDA, Respondent. [February 24, 2005] QUINCE, J. We have for review a decision of the Second District Court of Appeal on the following two questions, certified to be of great public importance: IS IT FUNDAMENTAL ERROR FOR A TRIAL COURT TO OMIT AN INSTRUCTION THAT THE DEFENDANT MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO COMMIT DRUGDISTRIBUTION, FIRST-DEGREE MURDER UNDER SECTION 782.04(1)(a)(3), FLORIDA STATUTES (1999), WHEN IT IS UNDISPUTED THAT THE DEFENDANT IS OVER EIGHTEEN? IS IT FUNDAMENTAL ERROR FOR THE TRIAL COURT TO OMIT INSTRUCTIONS ON EXCUSABLE AND JUSTIFIABLE HOMICIDE WHEN A DEFENDANT IS CHARGED AND CONVICTED OF DRUG-DISTRIBUTION, FIRST-DEGREE MURDER UNDER SECTION 782.04(1)(a)(3), FLORIDA STATUTES (1999), AND THE FACTUAL CIRCUMSTANCES DO

NOT SUPPORT ANY JURY ARGUMENT RELYING UPON THE EXCUSABLE OR JUSTIFIABLE HOMICIDE INSTRUCTIONS? Pena v. State, 829 So. 2d 289, 295 (Fla. 2d DCA 2002). We have jurisdiction. See art. V,

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