Daniels v. State

This case is before the Court for review of the decision of the Second District Court of Appeal in Daniels v. State, 72 So.3d 227 (Fla. 2d DCA 2011). The district court certified that its decision is in express and direct conflict with the decision of the First District Court of Appeal in Riesel v. State, 48 So.3d 885 (Fla. 1st DCA 2010). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The issue before us concerns whether the standard jury instruction for the offense of manslaughter by act, as amended in 2008,1 erroneously stated the required elements of the crime and whether…