HENRY v. STATE

No. 4D09-3269.

126 So.3d 1071 (2011)

John HENRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 13, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Christine Geraghty , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Myra J. Fried , Assistant Attorney General, West Palm Beach, for appellee.


GERBER, J.

The defendant appeals from his conviction for second-degree murder with a weapon. He argues that he should receive a new trial because the trial court read to the jury the standard jury instruction on manslaughter by act in effect at that time, which instruction misstated the law on that crime. We agree with the defendant and reverse.

The instruction at issue is former Florida Standard Jury Instruction (Crim.) 7.7 (2007). That instruction provided...

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