Florida District Courts of Appeal, 2011

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided May 18, 2011 · Gersten, Lagoa, Schwartz
61 So. 3d 1228; 2011 Fla. App. LEXIS 7190; 2011 WL 1877989 (Southern Reporter, Third Series)

Davis v. State

Opinion of the Court

PER CURIAM.

Stevenland Davis appeals his conviction and sentence for two counts of second-degree murder. We reverse and remand *1229for a’ new trial because the trial court fundamentally erred in instructing the jury that intent to kill was an element of manslaughter by act, a lesser-included offense of second-degree murder. See State v. Montgomery, 39 So.3d 252 (Fla. 2010).

Reversed and remanded for a new trial.

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