MANUEL WALTERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2010-03-17
No. 3D08-1518
Before SHEPHERD and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.
30 So. 3d 656 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

Manuel Walters appeals his conviction for second-degree murder, asserting fundamental error in the standard manslaughter by act instruction given to the jury.1 See Fla. Std. Jury Instr. (Crim.) 7.7. We affirm the conviction. See Valdes-Pino v. State, 23 So.3d 871, 872 (Fla. 3d DCA *6572009). However, to preserve the defendant’s rights, we certify direct conflict with Montgomery v. State, — So.3d —, 2009 WL 350624 (Fla. 1st DCA 2009), which currently is pending review before the Florida Supreme Court. State v. Montgomery, 11 So.3d 943 (Fla.2009).

Conviction affirmed, conflict certified.


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