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DAVIS v. STATE

No. 5D09-4111.

56 So.3d 128 (2011)

De'Javar Cashe DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 11, 2011.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Rose M. Levering , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

De'Javar Cashe Davis (defendant) appeals his judgments and sentences for second-degree murder and burglary of a dwelling. Determining that the trial court fundamentally erred by incorrectly instructing the jury on the lesser included offense of manslaughter by act, we reverse the defendant's conviction for second-degree murder and remand for a new trial thereon.

In December 2008, the standard jury instruction for the crime of manslaughter by act...

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