Florida District Courts of Appeal, 2009

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided January 9, 2009 · Davis, Hawkes, Webster
146 So. 3d 501; 2009 Fla. App. LEXIS 137; 2009 WL 47384 (Southern Reporter, Third Series)

Davis v. State

Opinion of the Court

PER CURIAM.

Appellant, Jerry Joe Davis, challenges his conviction and sentence for second-degree murder. Because the trial court fundamentally erred in giving the standard jury instruction for manslaughter by act, we REVERSE Appellant’s conviction and sentence and REMAND for a new trial. Montgomery v. State, No. 1D07-4688, (Fla. 1st DCA Dec. 31, 2008).

HAWKES, C.J., WEBSTER and DAVIS, JJ., concur.

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