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Hawkins v. State
Citations: 903 So. 2d 1041; 2005 Fla. App. LEXIS 9378; 2005 WL 1412035Docket: No. 5D03-3658
Court: District Court of Appeal of Florida; June 17, 2005; Florida; State Appellate Court
Jamie Hawkins and co-defendant Candy Lovell were tried for the death of Lovell’s daughter. Both appealed with identical arguments: 1) the trial court's failure to read definitions of excusable and justifiable homicide constituted reversible error; and 2) their convictions for first-degree murder and aggravated manslaughter violated double jeopardy. Lovell's appeal was previously addressed in Lovell v. State, where the court found her convictions did violate double jeopardy, leading to the vacation of her aggravated manslaughter conviction. The court also considered Lovell's claim regarding the definitions of homicide but deemed it meritless. Consequently, Hawkins’ conviction and sentence for aggravated manslaughter are vacated, while all other judgments and sentences are affirmed. The ruling is affirmed in part and vacated in part, with Judges Sharp and Pleus concurring.