JOYNER v. STATE

No. 1D09-2744.

41 So.3d 306 (2010)

Quentin Lamar JOYNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 7, 2010.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and William C. McLain, Assistant Public Defender, for Appellant.

Bill McCollum, Attorney General, and Charlie McCoy, Assistant Attorney General, for Appellee.


CLARK, J.

Quentin Lamar Joyner challenges his conviction for second-degree murder as charged. Appellant argues that the trial court's use of the standard jury instruction for the lesser included offense of manslaughter by act constituted fundamental error and requires reversal of his conviction of the charged offense. He relies on State v. Montgomery, 39 So.3d 252 (Fla. 2010), approving Montgomery v. State, ___...

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