Florida District Courts of Appeal, 2011

McNealy v. State

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)

McNealy v. State

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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