WILLIAM GARRIDO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM GARRIDO, APPELLANT,
STATE OF FLORIDA, APPELLEE
76 So. 3d 378
Florida District Court of Appeal, Third District (2011)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
William Garrido appeals his conviction and sentence for second degree murder, alleging the trial court erred in the manslaughter instruction given to the jury. We affirm based on Figueroa v. State, 77 So.3d 714, 2011 WL 5554830 (Fla. 3d DCA 2011). As we did in Figueroa, we certify conflict with the First District’s opinions in Noack v. State, 61 So.3d 1208 (Fla. 1st DCA 2011), Pryor v. State, 48 So.3d 159 (Fla. 1st DCA 2010), and Riesel v. State, 48 So.3d 885 (Fla. 1st DCA 2010).
Additionally, we certify the following question to the Florida Supreme Court as one of great public importance:
IF A JURY RETURNS A VERDICT FINDING A DEFENDANT GUILTY OF SECOND-DEGREE MURDER IN A CASE WHERE THE EVIDENCE DOES NOT SUPPORT A THEORY OF CULPABLE NEGLIGENCE, DOES A TRIAL COURT COMMIT FUNDAMENTAL ERROR BY GIVING A FLAWED MANSLAUGHTER BY ACT INSTRUCTION WHEN IT ALSO GIVES AN INSTRUCTION ON MANSLAUGHTER BY CULPABLE NEGLIGENCE?
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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DE LA HOZ v. Crews, 123 So. 3d 101 (Fla. 3d DCA 2013)…o a number of appeals decided contemporaneously with De La Hoz and raising the same issue as presented in Haygood. For example, see Cubelo v. State, 41 So. 3d 263 (Fla. 3d DCA 2010), rev. granted, No. SC10-1759 (Fla. Sep. 7, 2010); Garrido v. State, 76 So. 3d 378 (Fla. 3d DCA 2011), rev. granted, No. SC12-60 (Fla. Jan. 10, 2012); Nieves v. State, 22 So. 3d 691 (Fla. 2d DCA 2009), rev. granted, No. SC09-2216 (Fla. Dec. 2, 2009); McNealy v. State, 67 So. 3d 1187 (Fla. 2d DCA 2011), rev. granted, No. SC11-1842…
Authorities Cited
- Riesel v. State, 48 So. 3d 885 (Fla. 1st DCA 2010)
- Pryor v. State, 48 So. 3d 159 (Fla. 1st DCA 2010)
- Noack v. State, 61 So. 3d 1208 (Fla. 1st DCA 2011)
- Figueroa v. State, 77 So. 3d 714 (Fla. 3d DCA 2011)