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GUERRA v. STATE

No. 3D09-443.

44 So.3d 226 (2010)

Castro GUERRA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 22, 2010.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Bill McCollum , Attorney General, and Ansley B. Peacock , for appellee.

Before RAMIREZ, C.J., and LAGOA and SALTER, JJ.

RAMIREZ, C.J.

Castro Guerra appeals the trial court's final judgment of conviction and sentence for second degree murder, alleging that the trial court committed fundamental error when it instructed the jury that to find the defendant guilty of manslaughter, a lesser included offense, the jury had to find that he had the intent to kill. Based on our prior decision in Cubelo v. State, 41 So.3d 263 (Fla. 3d DCA 2010),...

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