Filed: May 06, 2015
Latest Update: Mar. 02, 2020
Summary: Third District Court of Appeal State of Florida Opinion filed May 6, 2015. Not final until disposition of timely filed motion for rehearing. _ No. 3D10-534 Lower Tribunal No. 04-36997 _ Tedrick Page, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Diane V. Ward, Judge. Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant Att
Summary: Third District Court of Appeal State of Florida Opinion filed May 6, 2015. Not final until disposition of timely filed motion for rehearing. _ No. 3D10-534 Lower Tribunal No. 04-36997 _ Tedrick Page, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Diane V. Ward, Judge. Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant Atto..
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Third District Court of Appeal
State of Florida
Opinion filed May 6, 2015.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D10-534
Lower Tribunal No. 04-36997
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Tedrick Page,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Diane V. Ward,
Judge.
Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public
Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant
Attorney General, for appellee.
Before WELLS, SUAREZ, and EMAS, JJ.
PER CURIAM.
In accordance with the Florida Supreme Court’s order dated February 19,
2014 in the matter of Tedrick Page v. State, SC12-314, quashing this Court’s
February 8, 2012 opinion and remanding for reconsideration, we withdraw our
opinion in 3D10-534 and substitute the following in its place:
Tedrick Page appeals from a conviction of second degree murder as charged.
The only point presented arises from the fact that the jury was instructed in
accordance with the interim manslaughter by act instruction. See In re Standard
Jury Instructions in Criminal Cases, (2007-10), 997 So. 2d 403 (Fla. 2008). The
issue before us is whether that instruction erroneously stated the required elements
of the crime, and whether that instruction is fundamental error. We hold that, in
accordance with Daniels v. State,
121 So. 3d 409 (Fla. 2013), and Griffin v. State,
40 Fla. L. Weekly S135 (Fla. Mar. 12, 2015), the error is fundamental and we
reverse and remand for a new trial.
Reversed and remanded for new trial.
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