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DAVIS v. STATE

No. 3D09-2505.

61 So.3d 1228 (2011)

Stevenland DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 18, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Shannon P. McKenna , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Natalia Costea , Assistant Attorney General, for appellee.

Before GERSTEN and LAGOA, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Stevenland Davis appeals his conviction and sentence for two counts of second-degree murder. We reverse and remand for a new trial because the trial court fundamentally erred in instructing the jury that intent to kill was an element of manslaughter by act, a lesser-included offense of second-degree murder. See State v. Montgomery, 39 So.3d 252 (Fla.2010).

Reversed...

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