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146 So. 3d 501

Davis v. State

District Court of Appeal of Florida

Decided January 9, 2009

District Court of Appeal of Florida · decided 2009-01-09

Decided 2009-01-09

PER CURIAM.

¶1Appellant, 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.
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