Emmanuel Dumay v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed Emmanuel Dumay’s convictions and sentences for two counts of attempted second-degree murder. The court held that the trial court’s failure to give an unrequested instruction on justifiable and excusable attempted homicide was not fundamental error because Dumay neither raised those defenses at trial nor presented evidence supporting them.

Holdings

1. The trial court's failure to give the Introduction to Attempted Homicide instruction as to defenses that were neither raised at trial nor supported by the evidence did not constitute fundamental error.

Questions Presented

1. Whether the trial court committed fundamental error by failing to give the Introduction to Attempted Homicide instruction concerning justifiable and excusable attempted homicide when Dumay neither raised those defenses at trial nor presented evidence supporting them.

Disposition

affirmed