WILLIE HARDEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE HARDEE, APPELLANT,
STATE OF FLORIDA, APPELLEE
69 So. 3d 292
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant, Willie Hardee, challenges his conviction for second-degree murder with a weapon. Because the trial court gave the standard jury instruction for the lesser included offense of manslaughter by act, Appellant’s conviction for second-degree murder is reversed and the case is remanded for a new trial. Montgomery v. State, 70 So.3d 608, 2009 WL 350624 (Fla. 1st DCA 2009), review granted, State v. Montgomery, 11 So.3d 943 (Fla.2009). All other issues raised on appeal are affirmed without further discussion.
REVERSED and REMANDED.
BARFIELD, DAVIS, and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rushing v. State, 133 So. 3d 943 (Fla. 1st DCA 2010)…as relied on our holding in Montgomery to reverse a number of convictions where the erroneous jury instruction on the lesser included offense of manslaughter was given. See, e.g., Stinson v. State, 69 So. 3d 291 (Fla. 1st DCA 2009); Hardee v. State, 69 So. 3d 292 (Fla. 1st DCA 2009); Ward v. State, 12 So. 3d 920 (Fla. 1st DCA 2009). We have also held that the standard jury instruction for the lesser included offense of attempted manslaughter by act suffers from the same infirmities as the instruction in Mont…
Authorities Cited
- Alexander v. State, 11 So. 3d 943 (Fla. 1st DCA 2009)