Mauricio v. State

I respectfully dissent upon grounds that there was an adequate tender of an instruction upon involuntary manslaughter and that there was a sufficient dispute as to the matter of intent as to require that such instruction be given to the jury. Although the evidence was sufficient to permit a reasonable jury to conclude that Mauricio did, in fact, knowingly and intentionally kill Hughes, a different, but also reasonable, trier of fact might conclude to the contrary.

With respect to the tender of the instruction, trial counsel tendered as Instruction 10, the following:

“Instruction No. 3.09…