FAGNER BARROS-DIAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that giving an erroneous jury instruction on voluntary manslaughter constitutes fundamental error, requiring a new trial if the evidence does not support a conviction for manslaughter by culpable negligence.
[1] A jury instruction on voluntary manslaughter that was in effect in 2007 was not fundamentally erroneous when the evidence supported a conviction for manslaughter by culpa…
[2] Giving an erroneous jury instruction on manslaughter by act constitutes fundamental error, even if a correct instruction on manslaughter by culpable negligence is also gi…
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Join FLexlaw to unlock all legal intelligenceFagner Barros-Dias was convicted of second-degree murder. This court initially affirmed based on prior precedent regarding jury instructions for volun…
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ON REMAND FROM THE SUPREME COURT OF FLORIDA
Fagner Barros-Dias appealed his conviction and sentence for second-degree murder. This court affirmed the conviction and sentence based on our prior opinion in Zeigler v. State, 18 So.3d 1239,1245-46 (Fla. 2d DCA 2009), which held that the standard jury instruction on voluntary manslaughter that was in effect at the time of Barros-Dias’ trial in 2007 was not fundamentally erroneous, and the decisions in Salonko v. State, 42 So.3d 801 (Fla. 1st DCA 2010), and Singh v. State, 36 So.3d 848 (Fla. 4th DCA 2010), which held that fundamental error did not occur if the manslaughter instruction read by the court gave the jury the option to find the defen*675dant guilty of manslaughter by culpable negligence. See Barros-Dias v. State, 41 So.3d 370 (Fla. 2d DCA 2010).
Subsequently however, in Haygood v. State, 109 So.3d 735, 737 (Fla.2013), the Florida Supreme Court held that giving the erroneous manslaughter by act jury instruction constitutes fundamental error even if the instruction on manslaughter by culpable negligence is given when the evidence actually presented at trial would not support a conviction for manslaughter by culpable negligence. Based on Haygood, the supreme court quashed this court’s opinion in Barros-Dias and remanded for reconsideration in light of Haygood. See Barros-Dias v. State, No. SC10-1682, 2014 WL 815114 (Fla.2014).
On remand, we requested supplemental briefing from the parties as to whether the evidence presented at trial was such that Barros-Dias would be entitled to a new trial under Haygood. Barros-Dias argues that he falls squarely within the holding of Haygood, and the State properly concedes that the evidence considered in light of the holding of Haygood mandates that Bar-ros-Dias receive a new trial. Hence, upon reconsideration in light of Haygood, we reverse Barros-Dias’ conviction for second-degree murder and remand for a new trial with proper instructions.
Reversed and remanded for a new trial.
WALLACE and LaROSE, JJ„ Concur.
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Cited By
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Parrish Kerney v. State, 217 So. 3d 138 (Fla. 3d DCA 2017)…ded to many others in Korney's position. 123 So. 3d at 104-105; see, e.g., Moore v. State, 165 So. 3d 712 (Fla. 3d DCA 2015); Dowe v. State, 162 So. 3d 35 (Fla. 4th DCA 2014); Smith v. State, 145 So. 3d 972 (Fla. 1st DCA 2014); Barros-Dias v. State, 141 So. 3d 674 (Fla. 2d DCA 2014); Moninger v. State, 137 So. 3d 1129 (Fla. 4th DCA 2014); see also McKay v. State, 988 So. 2d 51, 52 (Fla. 3d DCA 2008) (vacating a judgment on an untimely ineffective assistance of appellate counsel motion claiming manifest injust…
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Vince E. Wardlow v. State, 212 So. 3d 1091 (Fla. 2d DCA 2017)…es v. State, 184 So. 3d 1148 (Fla. 2d DCA 2015) (holding on remand from the supreme court that the jury instruction for manslaughter by act constituted fundamental error, reversing the conviction and remanding for a new trial); Barros-Dias v. State, 141 So. 3d 674 (Fla. 2d DCA 2014) (same); see also Walden v. State, 162 So. 3d 84, 84 (Fla. 4th DCA 2014) (“If this Court had provided a citation to Williams, where we had certified a question of great public importance and conflict on the issue, Walden could have…
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State v. Castro Guerra, 215 So. 3d 134 (Fla. 3d DCA 2017)…la. 3d DCA 2015); Paul v. State, 183 So. 3d 1154 (Fla. 5th DCA 2015); Dowe v. State, 162 So. 3d 35 (Fla. 4th DCA 2014); Moninger v. State, 137 So. 3d 1129 (Fla. 4th DCA 2014); Smith v. State, 145 So. 3d 972 (Fla. 1st DCA 2014); Barros-Dias v. State, 141 So. 3d 674 (Fla. 2d DCA 2014). While Guerra’s case presents unique circumstances, the circumstances are not unprecedented, and we have on such previous occasions granted the very relief afforded by the trial court. See, e.g., De la Hoz v. Crews, 123 So. 3d 10…
Authorities Cited
- Haygood v. State, 109 So. 3d 735 (Fla. 2013)
- Singh v. State, 36 So. 3d 848 (Fla. 4th DCA 2010)
- Salonko v. State, 42 So. 3d 801 (Fla. 1st DCA 2010)
- Zeigler v. State, 18 So. 3d 1239 (Fla. 2d DCA 2009)
- Fagner Barros-Dias v. State, 41 So. 3d 370 (Fla. 2d DCA 2010)