Stevenland Davis, Appellant, v. The State of Florida, Appellee. (2011)

District Court of Appeal of Florida, Third District.

Stevenland Davis, Appellant, v. The State of Florida, Appellee.

No. 3D09–2505

Decided: May 18, 2011

Before GERSTEN and LAGOA, JJ., and SCHWARTZ, Senior Judge.

Carlos J. Martinez, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Natalia Costea, Assistant Attorney General, for appellee.

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.

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