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61 So. 3d 1228

Davis v. State

District Court of Appeal of Florida · decided 2011-05-18

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

Decided 2011-05-18

PER CURIAM.

¶1Stevenland Davis appeals his conviction and sentence for two counts of second-degree murder. We reverse and remand *1229for 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).

¶2Reversed and remanded for a new trial.

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