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Jerry Joe DAVIS, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2009-01-09No. No. 1D07-3024
146 So. 3d 501

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Opinion

majority opinion

PER CURIAM.

Appellant, Jerry Joe Davis, challenges his conviction and sentence for second-degree murder. Because the trial court fundamentally erred in giving the standard jury instruction for manslaughter by act, we REVERSE Appellant’s conviction and sentence and REMAND for a new trial. Montgomery v. State, No. 1D07-4688, (Fla. 1st DCA Dec. 31, 2008). HAWKES, C.J., WEBSTER and DAVIS, JJ., concur.