230 So. 3d 420
Fla.2017Background
- Christopher Dean was convicted of second-degree felony murder and burglary after a 2014 jury trial; victim Eric Flint (Dean’s co‑participant) was killed during a high‑speed flight from the burglary when a burglary victim struck Flint’s person with his vehicle.
- At trial the defense requested a jury instruction on manslaughter as a lesser included offense of second‑degree felony murder; the trial court denied the request and the jury was instructed only on second‑degree felony murder.
- The Fourth District affirmed the convictions, relying on Avila v. State and reasoning that manslaughter is not a lesser included offense of second‑degree felony murder because felony murder can be caused by a non‑participant third party.
- The Fourth District certified the question whether manslaughter is a category one (necessarily) lesser included offense of second‑degree felony murder; the Florida Supreme Court accepted review and answered the certified question.
- The Court held manslaughter is a necessarily lesser included offense of second‑degree felony murder, but quashed the PRR designation because the State failed to introduce the documentary proof required at sentencing and remanded for resentencing.
Issues
| Issue | Dean’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether manslaughter is a category one necessarily lesser‑included offense of second‑degree felony murder | Manslaughter’s elements (unjustified killing and causation by defendant’s act or negligence) are subsumed by felony murder’s elements | Manslaughter is not subsumed because felony murder may be caused by a third party not engaged in the felony | Yes — manslaughter is a necessarily lesser included offense of second‑degree felony murder |
| Whether failure to give manslaughter instruction required reversal | Instruction was required because manslaughter is necessarily included | Instruction not required; conviction should stand | Court answers certified question affirmatively; majority nevertheless affirms convictions (concurring opinions dispute remedy) |
| Whether Dean’s PRR (prison‑releasee reoffender) sentence was supported by the record | PRR sentencing proper | State failed to introduce documentary proof at 2014 sentencing | PRR designation/quashed; remand for resentencing and opportunity for State to present proof |
| Whether other trial rulings (cross‑examination limits; closing argument control) merit reversal | Argued these were errors | State defended trial rulings | Court rejected these claims without further comment |
Key Cases Cited
- Avila v. State, 745 So.2d 983 (Fla. 4th DCA 1999) (district court holding manslaughter not a lesser‑included of second‑degree felony murder)
- Parker v. State, 641 So.2d 369 (Fla. 1994) (discussing causal nexus and purpose of felony murder statute)
- Miller v. State, 782 So.2d 426 (Fla. 2d DCA 2001) (manslaughter supported where defendant’s act indirectly led to third‑party fatality)
- Montgomery v. State, 39 So.3d 252 (Fla. 2010) (jury must be instructed on category one lesser included offenses)
- Abreau v. State, 363 So.2d 1063 (Fla. 1978) (failure to instruct on the next immediate lesser‑included offense is per se reversible)
- Davenport v. State, 971 So.2d 293 (Fla. 4th DCA 2008) (trial court must place documentary evidence in the record when sentencing as HFO/PRR)