LEONEL MUNOZ, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
LEONEL MUNOZ, PETITIONER,
THE STATE OF FLORIDA, RESPONDENT
61 So. 3d 1152
Florida District Court of Appeal, Third District (2011)
Positive Treatment
Cited by 1 case
Opinion of the Court
Leonel Munoz seeks habeas corpus relief based on appellate counsel’s ineffective assistance in failing to raise a fundamental error claim, pursuant to State v. Montgomery, 39 So.3d 252 (Fla.2010). Based on our prior decisions in Cubelo v. State, 41 So.3d 263 (Fla. 3d DCA 2010), Daniels v. State, 46 So.3d 630 (Fla. 3d DCA 2010), and Guerra v. State, 44 So.3d 226 (Fla. 3d DCA 2010), we deny the motion. Where the jury was instructed on both manslaughter by act and manslaughter by culpable negligence, there was no fundamental error requiring a reversal of the petitioner’s conviction. See Daniels, 46 So.3d at 630.
Habeas corpus denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nesbitt v. Safepoint Ins. Co. (Fla. 3d DCA 2022)
Authorities Cited
- State v. Montgomery, 39 So. 3d 252 (Fla. 2010)
- Baker v. McNEIL, 41 So. 3d 263 (Fla. 1st DCA 2010)
- Cubelo v. State, 41 So. 3d 263 (Fla. 3d DCA 2010)
- Castro Guerra v. State, 44 So. 3d 226 (Fla. 3d DCA 2010)
- Daniels v. State, 46 So. 3d 630 (Fla. 3d DCA 2010)