Florida District Courts of Appeal, 2010

Simmons v. State

Simmons v. State
Florida District Courts of Appeal · Decided April 26, 2010 · Wolf, Lewis, Marstiller
33 So. 3d 807; 2010 Fla. App. LEXIS 5533; 2010 WL 1642540 (Southern Reporter, Third Series)

Simmons v. State

Opinion

PER CURIAM.

In State v. Montgomery, — So.3d -, -, 2010 WL 1372701 (Fla. 2010), in which the defendant was convicted of second-degree murder, the Florida Supreme Court held it was fundamental error to give the standard jury instruction for manslaughter by act as a lesser-included offense of second-degree murder because the manslaughter instruction improperly required the state to prove the defendant intentionally caused the death of the victim while the instruction for second-degree murder did not. Because this case is in *808 distinguishable from Montgomery, we REVERSE and REMAND.

WOLF, LEWIS, and MARSTILLER, JJ., concur.

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