74 So.3d 521 (2011)
Defendant appealed his convictions for two counts of second-degree murder, possession of a firearm by a convicted felon, and carrying a concealed firearm. His charges arose from a confrontation at a high school "keg" party that ended in tragedy, the loss of two young lives.
- The appellate court affirmed the convictions for the weapons charges but found that the evidence was insufficient to sustain convictions for second-degree murder.
- Instead, the evidence established an impulsive overreaction to an attack, which warranted convictions for manslaughter.
- Although a jury could reasonably have found that defendant's use of a gun was excessive, thereby negating a finding of self-defense, no evidence was presented that the defendant acted out of ill will, hatred, spite, or an evil intent.
- The trial court erred in instructing the jury on the justifiable use of deadly force, specifically regarding the duty to retreat under the Stand Your Ground law.
- Accordingly, defendant's convictions for second-degree murder were reversed and remanded for a retrial on manslaughter charges.
The convictions for the weapons charges were affirmed, but defendant's convictions for second-degree murder were reversed and remanded for a retrial on manslaughter charges.
Recommended Supplements for Criminal Law