Davis v. State

Court: District Court of Appeal of Florida
Date filed: 2009-01-09
Citations: 146 So. 3d 501, 2009 Fla. App. LEXIS 137, 2009 WL 47384
Copy Citations
Click to Find Citing Cases
Lead Opinion
PER CURIAM.

Appellant, Jerry Joe Davis, challenges his conviction and sentence for second-degree murder. Because the trial court fundamentally erred in giving the standard jury instruction for manslaughter by act, we REVERSE Appellant’s conviction and sentence and REMAND for a new trial. Montgomery v. State, No. 1D07-4688, (Fla. 1st DCA Dec. 31, 2008).

HAWKES, C.J., WEBSTER and DAVIS, JJ., concur.