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FIGUEROA v. STATE

No. 3D10-27.

77 So.3d 714 (2011)

Anthony FIGUEROA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 16, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Douglas J. Glaid , Senior Assistant Attorney General, for appellee.

Before RAMIREZ, CORTIÑAS and LAGOA, JJ.

CORTIÑAS, J.

This is an appeal challenging the jury instructions given by the trial judge for manslaughter as fundamental error. The issue on appeal was squarely addressed and rejected by the Second District in Daniels v. State, 72 So.3d 227 (Fla. 2d DCA 2011) and the Fourth District in Morgan v. State, 42 So.3d 862 (Fla. 4th DCA 2010).

In Morgan, as in this case...

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