Harrison v. State

LaROSE, Judge.

Myreon Harrison, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d), alleges that appellate counsel was ineffective in failing to argue that the standard jury instruction for manslaughter by act that was provided to the jury constituted fundamental error because it improperly imposed an additional element of intent to kill. We agree, grant the petition, and certify conflict with Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), review granted, 64 So.3d 1262 (Fla.2011).

Our decision is governed by our opinion in McClendon v. State, 93 So.3d 1131 (Fla.…