Lumsdon v. State

ON REMAND

LOGUE, J.

This case returns to us on remand following the Florida Supreme Court’s decisions in State v. Montgomery, 39 So.3d 252 (Fla. 2010), and Haygood v. State, 109 So.3d 735 (Fla. 2013). Willie Lumsdon, the defendant, argues that his second-degree murder conviction must be reversed because the standard manslaughter by act instruction read to the jury was the same instruction held to be erroneous in Montgomery.1 The State agrees the instruction was erroneous. Citing to Dawkins v. State, 170 So.3d 81 (Fla. 3d DCA 2015), however, the State contends that the error was cured because…