KENNER v. STATE

Nos. 5D09-90, 5D09-166.

48 So.3d 117 (2010)

Desmond T. KENNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 12, 2010.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Noel A. Pelella , Assistant Public Defender, Daytona Beach, for Appellant.

Desmond T. Kenner , Lake Butler, Pro se.

Bill McCollum , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Appellant challenges his conviction for second-degree murder on several grounds, only one of which merits discussion. Appellant contends that the jury instruction for the lesser-included offense of manslaughter by act was fundamentally flawed, requiring a new trial. We agree and reverse.

Appellant was charged and tried for second-degree murder. In addition to instructing the jury on the second-degree murder...

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