Florida District Courts of Appeal, 2011

McNealy v. State

Florida District Courts of Appeal · Decided August 19, 2011 · Whatley, Kelly, Wallace

67 So. 3d 1187; 2011 Fla. App. LEXIS 13056; 2011 WL 3629373 (Southern Reporter, Third Series)

Cases that cite this one

2 later published cases cite this decision.

De La Hoz v. Crews (Fla. Dist. Ct. App. 2013)
Jones v. State (Fla. Dist. Ct. App. 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

We affirm Eddie McNealy’s judgment and sentence for second-degree murder. However, as this court did in Haygood v. *1188 State, 54 So.3d 1035 (Fla. 2d DCA 2011), we certify the following question to the Florida Supreme Court to be of great public importance:

IF A JURY RETURNS A VERDICT FINDING A DEFENDANT GUILTY OF SECOND-DEGREE MURDER IN A CASE WHERE THE EVIDENCE DOES NOT SUPPORT A THEORY OF CULPABLE NEGLIGENCE, DOES A TRIAL COURT COMMIT FUNDAMENTAL ERROR BY GIVING A FLAWED MANSLAUGHTER BY ACT INSTRUCTION WHEN IT ALSO GIVES AN INSTRUCTION ON MANSLAUGHTER BY CULPABLE NEGLIGENCE?

Affirmed; question certified.

WHATLEY, KELLY, and WALLACE, JJ., Concur.

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