Davis v. State

Full title: JERRY JOE DAVIS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jan 9, 2009

Case No. 1D07-3024 (Fla. Dist. Ct. App. Jan. 9, 2009)

Opinion

Case No. 1D07-3024.

Opinion filed January 9, 2009.

An appeal from the Circuit Court for Wakulla County. N. Sanders Sauls, Judge.

Nancy A. Daniels, Public Defender, and Gail E. Anderson and Joel Arnold, Assistant Public Defenders, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Shelly A.R. Chichester, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant, 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.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED