LOPEZ v. STATE

No. 5D11-244.

68 So.3d 332 (2011)

Evangelista LOPEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

August 12, 2011.


Attorney(s) appearing for the Case

Evangelista Lopez , Wawahitchka, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anthony J. Golden , Assistant Attorney General, Daytona Beach, for Respondent.


ORFINGER, C.J.

In his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), Evangelista Lopez alleges that his appellate counsel was ineffective for failing to argue that the standard jury instruction for manslaughter by act given to the jury in his first-degree murder trial constituted fundamental error. We agree and grant Lopez's petition.

Lopez was charged with first-degree murder. The jury was instructed on that crime, second-degree...

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