Joyner v. State

Quentin Lamar Joyner challenges his conviction for second-degree murder as charged. Appellant argues that the trial court’s use of the standard jury instruction for the lesser included offense of manslaughter by act constituted fundamental error and requires reversal of his conviction of the charged offense. He relies on State v. Montgomery, 39 So.3d 252 (Fla. 2010), approving Montgomery v. State, — So.3d-(Fla. 1st DCA 2009).

This case is distinguishable from State v. Moritgomery because Joyner was convicted as charged, rather than for one of the lesser included offenses.

In addition, the jury…