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DAVIS v. STATE

No. 1D07-3024.

146 So.3d 501 (2009)

Jerry Joe DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 13, 2009.

Attorney(s) appearing for the Case

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...

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