Lopez v. State
District Court of Appeal of Florida
1Opinion of the CourtOrfinger, C.J.
In his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), Evangelista Lopez alleges that his appellate counsel was ineffective for failing to argue that the standard jury instruction for manslaughter by act given to the jury in his first-degree murder trial constituted fundamental error. We agree and grant Lopez’s petition.
Lopez was charged with first-degree murder. The jury was instructed on that crime, second-degree murder, manslaughter by act and several other lesser offenses. The jury found Lopez guilty of second-degree murder. The offense of second-degree murder is…
Also in this document: Concurrence.
2Cases cited18 opinions
- State v. MontgomerySupreme Court of Florida · 2010
- Montgomery v. StateDistrict Court of Appeal of Florida · 2009
- Wilson v. WainwrightSupreme Court of Florida · 1985
- State v. BartonSupreme Court of Florida · 1988
- Walton v. StateSupreme Court of Florida · 2003
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3Cited by17 opinions
- Richard O. Rambaran v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
- Dill v. StateDistrict Court of Appeal of Florida · 2012
- Coleman v. StateDistrict Court of Appeal of Florida · 2013
- Pierce v. StateDistrict Court of Appeal of Florida · 2013
- Skinner v. StateDistrict Court of Appeal of Florida · 2014
12 more not listed; retrieve them via the Exa API.