DAVIS v. STATE, 61 So.3d 1228 (2011)
Court: Court of Appeals of Florida
Number: inflco20110518164
Visitors: 11
Filed: May 18, 2011
Latest Update: May 18, 2011
Summary: PER CURIAM. Stevenland Davis appeals his conviction and sentence for two counts of second-degree murder. We reverse and remand for a new trial because the trial court fundamentally erred in instructing the jury that intent to kill was an element of manslaughter by act, a lesser-included offense of second-degree murder. See State v. Montgomery, 39 So.3d 252 (Fla.2010). Reversed and remanded for a new trial.
PER CURIAM.
Stevenland Davis appeals his conviction and sentence for two counts of second-degree murder. We reverse and remand for a new trial because the trial court fundamentally erred in instructing the jury that intent to kill was an element of manslaughter by act, a lesser-included offense of second-degree murder. See State v. Montgomery, 39 So.3d 252 (Fla.2010).
Reversed and remanded for a new trial.
Source: Leagle
