KYLE BASS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellant challenges his convictions for second degree murder and tampering with evidence. The appellant’s arguments that the trial court erred in denying his motion for judgment of acquittal on the two charges are without merit, and his conviction for tampering with evidence is affirmed. However, because the trial court gave the standard jury instruction for the lesser-included offense of manslaughter by act, which an average juror would understand as requiring the additional element of intent to kill, the appellant’s conviction for second degree murder is reversed and the case is remanded for further proceedings. See Montgomery v. State, 34 Fla. L. Weekly D360, — So.3d -, 2009 WL 350624 (Fla. 1st DCA Feb. 12, 2009); Washington v. State, 34 Fla. L. *1004Weekly D743, — So.3d -, 2009 WL 975463 (Fla. 1st DCA April 13, 2009).
ALLEN, WOLF, and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Rivera v. State, 29 So. 3d 1139 (Fla. 1st DCA 2009)…; Gough v. State, — So. 3d -, 2009 WL 3164113 (Fla. 1st DCA 2009); Hardee v. State, - So. 3d -, 2009 WL 3047359 (Fla. 1st DCA 2009); White v. State, 16 So. 3d 1004 (Fla. 1st DCA 2009); Ward v. State, 12 So. 3d 920 (Fla. 1st DCA 2009); Bass v. State, 11 So. 3d 1003 (Fla. 1st DCA 2009); Stinson v. State, — So. 3d -, 2009 WL 633133 (Fla. 1st DCA 2009). In sum, because Appellant failed to demonstrate any prejudice resulting from the use of the standard jury instruction, its use in this case does not rise to the…