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DANIELS v. STATE

No. 2D09-4951.

72 So.3d 227 (2011)

Aaron DANIELS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 5, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Bruce P. Taylor , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sara Macks , Assistant Attorney General, Tampa, for Appellee.

BLACK, Judge.

Aaron Daniels challenges his judgment and sentence for second-degree murder. Daniels argues the trial court committed fundamental, reversible error pursuant to State v. Montgomery, 39 So.3d 252 (Fla. 2010), in giving the 2008 manslaughter by act jury instruction. Because we conclude that the manslaughter by act instruction given in Daniels' case does not include an erroneous intent-to-kill element, we affirm...

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