No. 3D09-2505.District Court of Appeal of Florida, Third District.
May 18, 2011.
An Appeal from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge.
Carlos J. Martinez, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Natalia Costea, Assistant Attorney General, for appellee.
Before GERSTEN and LAGOA, JJ., and SCHWARTZ, Senior Judge.
PER CURIAM.
Stevenland Davis appeals his conviction and sentence for two counts of second-degree murder. We reverse and remand
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for a new trial because the trial court fundamentally erred in instructing the jury that intent to kill was an element of manslaughter by act, a lesser-included offense of second-degree murder. See State v. Montgomery, 39 So.3d 252 (Fla. 2010).
Reversed and remanded for a new trial.