PHARISIEN v. STATE

No. 2D10-959.

74 So.3d 156 (2011)

Jerry PHARISIEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 16, 2011.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and James T. Miller , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Tonja Rene Vickers , Assistant Attorney General, Tampa, for Appellee.


KHOUZAM, Judge.

Jerry Pharisien appeals his convictions and sentences for second-degree murder with a firearm and attempted second-degree murder with a firearm. We write to address his argument that the jury instruction given on manslaughter by act was fundamentally erroneous because it indicated that a conviction for manslaughter required proof that he intended to kill the victim. As we conclude that the manslaughter instruction that was given in Pharisien's case...

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