CECIL MATHEWS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Harris v. State, 42 So. 3d 863 (Fla. 1st DCA 2010)
  …d. v. Radio Station WQBA, 731 So. 2d 638, 644 (Fla.1999). [*865] As to Appellant’s claim that the trial court committed fundamental error by including intent in the manslaughter jury instruction, we find this case on all fours with Griffin v. State, 41 So. 3d 927 (Fla. 1st DCA 2010), in which we found no fundamental error. There the court instructed the jury that to prove attempted voluntary manslaughter the state only had to prove “the defendant committed an act ‘which would have resulted in the death of [t…
• Richards v. State, 84 So. 3d 1167 (Fla. 1st DCA 2012)
  …jury does not rise to the level of fundamental error because “this language is a correct statement of law and because it does not affirmatively instruct the jury that an intent to kill is necessary for [ ] voluntary manslaughter.” Griffin v. State, 41 So. 3d 927, 929 (Fla. 1st DCA 2010). Therefore, the language does not render the instruction as a whole fundamentally erroneous. Finally, we reject Appellant’s contention that the manslaughter instruction was deficient because it failed to define justifiable…

Authorities Cited

• Baker v. State, 878 So. 2d 1236 (Fla. 2004)