NIEVES v. STATE

No. 2D08-3809.

22 So.3d 691 (2009)

Angel Manuel NIEVES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 6, 2009.


Attorney(s) appearing for the Case

Lee Hollander of Law Offices of Hollander and Hanuka, Naples, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Ha Thu Dao, Assistant Attorney General, Tampa, for Appellee.


KHOUZAM, Judge.

Angel Manuel Nieves appeals his judgment and sentence for second-degree murder. Nieves contends that the trial court committed fundamental error when it instructed the jury on the lesser-included offense of manslaughter by act because the standard instruction in effect at the time of and given at his trial improperly imposed the additional element of "intent to kill" to that offense.1 In support of his contention, Nieves...

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