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SANDERS v. STATE

No. 2D10-983.

74 So.3d 1100 (2011)

Kristopher SANDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 30, 2011.

Attorney(s) appearing for the Case

James E. Felman and Katherine Earle Yanes of Kynes, Markman, & Felman, P.A., Tampa, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Donna S. Koch , Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

Kristopher Sanders appeals his conviction for second-degree murder with a firearm. We find merit only in his argument that the trial court fundamentally erred when instructing the jury on the lesser-included offense of manslaughter by act. State v. Montgomery, 39 So.3d 252 (Fla. 2010), mandates reversal.

The State charged Sanders with second-degree murder following the shooting death of Tyrie Gunn. At...

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