Florida District Courts of Appeal, 2014

Gough v. State

Gough v. State
Florida District Courts of Appeal · Decided April 24, 2014 · Marstiller, Nortwick, Ray
135 So. 3d 1172; 2014 WL 1646932; 2014 Fla. App. LEXIS 6052 (Southern Reporter, Third Series)

Gough v. State

Opinion of the Court

PER CURIAM.

Kareem X. Gough seeks review of his judgment and sentence for second degree murder, asserting that the trial court committed fundamental error by giving the standard jury instruction on the lesser included offense of manslaughter. Because the record reflects that intent was a disputed issue in this case, we reverse and remand for new trial. Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), approved, State v. Montgomery, 39 So.3d 252 (Fla. 2010).

REVERSED and REMANDED for further proceedings consistent with this opinion.

VAN NORTWICK, MARSTILLER and RAY, JJ., concur.

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