ANTHONY BAKER, APPELLANT,

v.

WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Citator

Cited By (20 total)

• DE LA HOZ v. Crews, 123 So. 3d 101 (Fla. 3d DCA 2013)
  …nt with the standard instructions in use at that time. . Montgomery was decided only several days before the conclusion of the Petitioner’s trial. . See fn.2. . In his direct appeal, De La Hoz acknowledged this Court’s holding in Cubelo v. State, 41 So. 3d 263 (Fla. 3d DCA 2010), rev. granted, No. SC10-1759 (Fla. Sep. 7, 2010), concluding that giving an additional instruction for culpable negligence cured the erroneous manslaughter instructions. Cúbelo is currently pending before the Florida Supreme Court…

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• Baron Moore v. State, 57 So. 3d 240 (Fla. 3d DCA 2011)
  …andard jury instructions, the instruction given materially differed from the Montgomery instruction, and no fundamental error occurred). More importantly, following the Florida Supreme Court’s-decision in Montgomery, this Court, in Cubelo v. State, 41 So. 3d 263 (Fla. 3d DCA 2010), held that, because the jury was instructed on both manslaughter by intentional act and manslaughter by culpable negligence, there was no fundamental error requiring reversal of Cubelo’s conviction for second-degree murder. Id. at…
• Chance Dawkins v. State, 170 So. 3d 81 (Fla. 3d DCA 2015)
  …ts, and therefore deny the petition for Habeas Corpus. . The basis of Dawkins’ habeas petition is appellate counsel’s failure to move for rehearing within fifteen days of this Court's affir-mance in Dawkins' direct appeal, based on Cubelo v. State, 41 So. 3d 263, 267-68 (Fla. 3d DCA 2010) and Haygood v. State, 54 So. 3d 1035, 1036-38 (Fla. 2d DCA 2011). Both of those, cases were subsequently quashed and remanded for consideration in light of Haygood v. State, 109 So. 3d 735 (Fla.2013). We agree with Dawkins…

Authorities Cited

• Fouts v. Bolay, 795 So. 2d 1116 (Fla. 5th DCA 2001)
• Butterworth v. Espey, 523 So. 2d 1278 (Fla. 2d DCA 1988)