LEO RICHARD BERUBE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEO RICHARD BERUBE, APPELLANT,
STATE OF FLORIDA, APPELLEE
84 So. 3d 436
Florida District Court of Appeal, Second District (2012)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Leo Richard Berube appeals his judgment and life sentence for second-degree murder. This court reversed an earlier judgment and sentence and remanded the case for a new trial. See Berube v. State, 5 So.3d 734, 736 (Fla. 2d DCA 2009). We affirm the new judgment and sentence in all respects. We write only to certify that this decision conflicts with Riesel v. State, 48 So.3d 885 (Fla. 1st DCA 2010), concerning the jury instruction on the lesser included offense of manslaughter. For the reasons set forth in this court’s decision in Daniels v. State, 72 So.3d 227, 230 (Fla. 2d DCA 2011), this jury instruction did not constitute fundamental error.
Affirmed; conflict certified.
SILBERMAN, C.J., and WALLACE, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Berube v. State, 149 So. 3d 1165 (Fla. 2d DCA 2014)…aughter was fundamentally erroneous for the reasons discussed in the First District’s opinion in Montgomery v. State, 70 So. 3d 603 (Fla. 1st DCA 2009). This court concluded that the instruction did not constitute fundamental error. Berube v. State, 84 So. 3d 436, 436 (Fla. 2d DCA 2012) (Berube II). On review, the supreme court quashed our decision in Berube II and remanded the case for reconsideration in light of the supreme court’s decision in Daniels, 121 So. 3d 409. See Berube v. State, 137 So. 3d 1019…
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Berube v. State, 198 So. 3d 698 (Fla. 2d DCA 2016)…-' as amended in 2008, was fundamental error under the reasoning of the supreme court’s decision in State v. Montgomery, 39. So. 3d 252, 259 (Fla.2010). This court concluded that the instruction did not constitute fundamental error. Berube v. State, 84 So. 3d 436, 436 (Fla. 2d DCA 2012) (Berube II). On review, the supreme court quashed our decision in Berube // and remanded the case for reconsideration in light of its decision in Daniels v. State, 121 So. 3d 409, 419 (Fla.2013), which held that the instruct…
Authorities Cited
- Riesel v. State, 48 So. 3d 885 (Fla. 1st DCA 2010)
- Daniels v. State, 72 So. 3d 227 (Fla. 2d DCA 2011)
- Berube v. State, 5 So. 3d 734 (Fla. 2d DCA 2009)