Brown v. State

Petitioner’s motion for rehearing, certification, and request that the court issue a written opinion is granted. The prior order dated April 16, 2014, is withdrawn, and the attached opinion is issued in its place.

Deneal Brown filed a petition pursuant to Florida Rule of Appellate Procedure 9.141(d) claiming that his appellate attorney should have challenged, as fundamental error, the trial court’s use of the standard jury instruction for manslaughter by intentional act. We conclude that Mr. Brown is entitled to no relief.

Mr. Brown was charged with second-degree murder, and he testified at…