ANGEL MANUEL NIEVES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2015-10-30
No. 2D08-3809
WALLACE, KHOUZAM, and MORRIS, JJ., Concur.
184 So. 3d 1148 Florida District Court of Appeal, Second District (2015) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

Upon remand from the Florida Supreme Court, we reconsider Angel Manuel Nieves’ conviction for second-degree murder in light of the subsequent decision in Griffin v. State, 160 So.3d 63 (Fla.2015). In Griffin, the Florida Supreme Court clarified that “a sole defense of misidentifi-cation does not concede or fail to place in dispute intent or any other element of the crime charged except identity when the offense charged is an unlawful homicide.” Id. at 67. Accordingly, the jury instruction for manslaughter by act given in this case did indeed constitute fundamental error, and we must reverse and remand for a new trial.

Reversed and remanded for new trial.

WALLACE, KHOUZAM, and MORRIS, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Vince E. Wardlow v. State, 212 So. 3d 1091 (Fla. 2d DCA 2017)
    …(quashing this court’s decision and holding that the trial court’s fundamental error in giving the erroneous jury instruction on manslaughter by act was not cured by also instructing the jury on manslaughter by culpable negligence); Nieves 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…
  • Marshall v. State, 240 So. 3d 111 (Fla. 3d DCA 2018)
    …rict finally granted Nieves relief, finding that because “the jury instruction for manslaughter by act given in this case did indeed constitute fundamental error, . . . we must reverse and remand ---PAGE 15--- for a new trial.” Nieves v. State, 184 So. 3d 1148 (Fla. 2d DCA 2015) (“Nieves V”). As the Nieves cases demonstrate, had Marshall been placed in the Montgomery pipeline when this Court affirmed his conviction and sentence for second degree murder on direct appeal, we find it extremely likely, if…

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