Nieves v. State

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 conclude that no fundamental error occurred and therefore affirm.

In 2008, Nieves was convicted by a jury of second-degree murder and sentenced to life in prison. Without objection, his…