Florida District Courts of Appeal, 2017

Furr v. State

Furr v. State
Florida District Courts of Appeal · Decided March 20, 2017 · Lewis, Roberts, Wolf
212 So. 3d 544; 2017 Fla. App. LEXIS 3666 (Southern Reporter, Third Series)

Furr v. State

Opinion of the Court

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

We originally reversed the appellant’s conviction for manslaughter with a firearm based on this Court’s decision in Floyd v. State, 151 So.3d 452 (Fla. 1st DCA 2014) (Floyd I). Thereafter, the Florida Supreme Court quashed our opinion in Floyd I and remanded for reconsideration upon appli*545cation of its decision in State v. Floyd, 186 So.3d 1013 (Fla. 2016) (Floyd II).

Applying Floyd II, we find that the jury instructions given in the instant case did not amount to fundamental error. Although we did not previously address it, we also reject the appellant’s claim of ineffective assistance of counsel. The appellant’s judgment and sentence is AFFIRMED.

ROBERTS, C.J., WOLF and LEWIS, JJ., CONCUR.

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