ALEXANDER

v.

STATE

Citator

Cited By (25 total)

• Lamb v. State, 18 So. 3d 734 (Fla. 1st DCA 2009)
  …PER CURIAM. Following this court’s recent decision in Montgomery v. State, - So. 3d -, 2009 WL 850624 (Fla. 1st DCA 2009), rev. granted State v. Montgomery, 11 So. 3d 943 (Fla.2009), the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act, which adds the additional element that the defendant “committed an act intended to cause the death” of the victim when…
• Salonko v. State, 42 So. 3d 801 (Fla. 1st DCA 2010)
  …reversal of his convictions for second-degree murder and aggravated assault. He raises several issues on appeal, only one of which merits discussion. Citing this Court’s opinion in Montgomery v. State, — So. 3d - (Fla. 1st DCA 2009), review granted, 11 So. 3d 943 (Fla.2009), Appellant argues that the trial court fundamentally erred in instructing the jury that to prove manslaughter by act, the State had to show that he intentionally caused the death of the victim. The State concedes error on this point. Howe…
• Zeigler v. State, 18 So. 3d 1239 (Fla. 2d DCA 2009)
  …it existed at the time of Zeigler’s trial, improperly set out the intent required for a conviction for that offense. In support of her argument, she relies on the recent decision in Montgomery v. State, — So. 3d-(Fla. 1st DCA 2009), review granted, 11 So. 3d 943 (Fla.2009). Because we find that the instructions given were not erroneous, we affirm Zeigler’s conviction and sentence and certify conflict with Montgomery. Zeigler was charged as a principal to second-degree murder with a firearm following the de…