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NIEVES v. STATE

No. 2D08-3809.

144 So.3d 649 (2014)

Angel Manuel NIEVES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 8, 2014.

Attorney(s) appearing for the Case

Lee Hollander of Law Offices of Hollander and Hanuka, Naples, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Dawn A. Tiffin , Assistant Attorney General, Tampa, for Appellee.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

KHOUZAM, Judge.

Upon remand from the Florida Supreme Court, we reconsider Angel Manuel Nieves' conviction for second-degree murder in light of the subsequent decision in Haygood v. State, 109 So.3d 735 (Fla.2013). Because the giving of the erroneous instruction on the lesser included offense of manslaughter by act did not pertain to a disputed element of the offense, we...

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