Figueroa v. State

This is an appeal challenging the jury instructions given by the trial judge for manslaughter as fundamental error. The issue on appeal was squarely addressed and rejected by the Second District in Daniels v. State, 72 So.3d 227 (Fla. 2d DCA 2011) and the Fourth District in Morgan v. State, 42 So.3d 862 (Fla. 4th DCA 2010).

In Morgan, as in this case, the trial court gave the amended 2008 manslaughter instruction that “included language clarifying that a conviction for attempted manslaughter by act does not require proof of an intent to kill.” Id. at 863. The Fourth District held that the…