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STODDARD v. STATE

No. 2D10-590.

100 So.3d 18 (2011)

Edward Keith STODDARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 26, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Pamela H. Izakowitz , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Susan M. Shanahan , Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Edward Stoddard appeals his conviction for second-degree murder. He argues that his trial was tainted by the use of an erroneous jury instruction on manslaughter by act. This issue is controlled by the Florida Supreme Court's decision in State v. Montgomery, 39 So.3d 252 (Fla.2010), and that case mandates reversal.

Briefly stated, the evidence reflected that Stoddard and a neighbor were no longer...

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