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135 So. 3d 1172

Gough v. State

District Court of Appeal of Florida · decided 2014-04-24

Relies on 39 So. 3d 252 - State v. Montgomery · 70 So. 3d 603 - Montgomery v. State

Decided 2014-04-24

PER CURIAM.

¶1Kareem X. Gough seeks review of his judgment and sentence for second degree murder, asserting that the trial court committed fundamental error by giving the standard jury instruction on the lesser included offense of manslaughter. Because the record reflects that intent was a disputed issue in this case, we reverse and remand for new trial. Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009), approved, State v. Montgomery, 39 So.3d 252 (Fla.2010).

¶2REVERSED and REMANDED for further proceedings consistent with this opinion.

VAN NORTWICK, MARSTILLER and RAY, JJ., concur.
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