TYRONE LEE CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tyrone Lee Carter appeals his convictions for second-degree murder and attempted first-degree murder. The Florida appellate court finds that the jury instruction for manslaughter as a lesser included offense of second-degree murder constituted fundamental error by requiring proof of intent to kill, which is not an element of manslaughter, and reverses the murder conviction while affirming the remaining convictions.
The trial court fundamentally erred by instructing the jury that intent to kill is an element of manslaughter. Carter was entitled to an accurate instruction on the lesser included offense of manslaughter that does not require proof of intent to cause death. The second-degree murder conviction is reversed and remanded for a new trial on that count.
[1] Giving an erroneous jury instruction on a disputed element of a lesser included offense constitutes fundamental error when the defendant is convicted of a crime not more…
[2] An erroneous jury instruction on manslaughter by act, which improperly requires proof of intent to kill, is fundamental error even when a correct instruction on manslaugh…
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Join FLexlaw to unlock all legal intelligence“Carter was 'entitled to an accurate instruction on the lesser included offense of manslaughter.'”
Establishes that the defendant has a fundamental right to correct jury instructions on lesser included offenses
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Join FLexlaw to unlock all legal intelligenceOn June 5, 2005, Carter allegedly entered Carlis Callahan's residence and opened fire with an AK-47 rifle, resulting in Callahan's death. Carter was c…
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Tyrone Lee Carter appeals his judgments and sentences for second-degree murder with a firearm and two counts of attempted first-degree murder. Because we find the jury instruction for manslaughter by act, as a lesser included offense of second-degree murder, constituted fundamental error, we reverse Carter’s conviction for second-degree murder and remand for a new trial as to that count. We affirm the remaining judgments and sentences without comment.
Carter was charged with the second-degree murder of Carlis Callahan. The State alleged that on June 5, 2005, Carter entered Callahan’s residence and opened fire with an AK-47 rifle. The trial court gave the following standard jury instruction on manslaughter by act, as a *1249lesser included offense of second-degree murder:
To prove the crime of manslaughter, the State must prove the following two elements beyond a reasonable doubt:
1. Carlis Callahan is dead,
2. Tyrone Carter intentionally caused the death of Carlis Callahan.
(Emphasis added.)1
Carter argues that the trial court fundamentally erred by instructing the jury that intent to kill is an element of manslaughter. We agree and conclude based on the facts of this case and the holding in State v. Montgomery, 39 So.3d 252 (Fla.2010), that Carter was “entitled to an accurate instruction on the lesser included offense of manslaughter.” Id. at 258.2
Accordingly, we reverse Carter’s second-degree murder conviction and remand for a new trial as to that count. We affirm Carter’s remaining judgments and sentences.
Affirmed in part, reversed in part, and remanded.
WALLACE and KHOUZAM, JJ„ Concur.
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Citator
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Daniels v. State, 72 So. 3d 227 (Fla. 2d DCA 2011)…ourt went on to summarize that “the relevant intent is the intent to commit an act which caused death,” concluding that the amended language was sufficient to cure any defect resulting from the language of element two. Id.; see also Carter v. State, 53 So. 3d 1248, 1249 n. 1 (Fla. 2d DCA 2011) (“The [manslaughter by act] instruction was modified by the supreme court in December 2008 and eliminates the element of ‘intent to cause death,’ replacing it with ‘an intent to commit an act which caused death.’ ” (cit…
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Henry v. State, 98 So. 3d 1193 (Fla. 2d DCA 2012)…l, this court reversed Carter’s second-degree murder conviction and remanded for a new trial on that count of the information because the manslaughter by act instruction improperly contained the additional element of intent to kill. Carter v. State, 53 So. 3d 1248, 1248-49 (Fla. 2d DCA 2011).…
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Stoddard v. State, 100 So. 3d 18 (Fla. 2d DCA 2011)…State, 41 So. 3d 370 (Fla. 2d DCA 2010) (rejecting claim of fundamental error based on flawed manslaughter-by-act instruction when jury also received instruction on manslaughter by culpable negligence). Accordingly, we reverse. See Carter v. State, 53 So. 3d 1248 (Fla. 2d DCA 2011) (relying on Montgomery and reversing second-degree murder conviction when fundamental error occurred in use of flawed manslaughter-by-act instruction); Walker v. State, 46 So. 3d 160 (Fla. 2d DCA 2010) (same). Reversed and reman…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Montgomery, 39 So. 3d 252 (Fla. 2010)
- In re Standard Jury Instructions IN Crim. Cases-Report NO. 2007-10, 997 So. 2d 403 (Fla. 2008)
- Fagner Barros-Dias v. State, 41 So. 3d 370 (Fla. 2d DCA 2010)