LARRY FELTON WHITE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LARRY FELTON WHITE, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
16 So. 3d 1004
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The appellant challenges his conviction for second degree murder with a firearm. Because fundamental error occurred when 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 appellants conviction 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 2009); Washington v. State, 18 So.3d 600, 2009 WL 975463 (Fla. 1st DCA 2009).
HAWKES, C.J., ALLEN, and CLARK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rivera v. State, 29 So. 3d 1139 (Fla. 1st DCA 2009)…se, not the main charge as it is in this case. See Thomas v. State, 22 So. 3d 626 (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 prejudic…
Authorities Cited
- Washington v. State, 18 So. 3d 600 (Fla. 1st DCA 2009)