MATHIEU v. STATE (2020)

District Court of Appeal of Florida, Third District.

Marcelyn MATHIEU, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s).

CASE NO.: 3D20-1779

Decided: December 03, 2020

After consideration, the pro se Petition for Writ of Habeas Corpus Alleging Ineffective Assistance of Appellate Counsel is hereby denied. The trial court's jury instruction on the manslaughter charge was consistent with the amended standard jury instructions approved by the Supreme Court of Florida in 2008. See State v. Montgomery, 39 So. 3d 252, 257 (Fla. 2010) (referencing with approval the 2008 amended jury instructions that “added additional language to clarify that the requisite intent for manslaughter by act is the intent to commit an act that caused the death of the victim” as opposed to an intent to kill the victim); see also Pet'r’s Br. 12-13 (citing jury instructions on elements of manslaughter consistent with the amended 2008 standard jury instructions).

LINDSEY, LOBREE and BOKOR, JJ., concur.

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