Barros-Dias v. State

VILLANTI, Judge.

Fagner Barros-Dias appeals his judgment and sentence for second-degree murder. He argues that the trial court erred in instructing the jury on the lesser-included offense of manslaughter because the standard jury instruction given at trial improperly added an additional element of “intent to kill” to the crime. Because he did not object at trial, Barros-Dias argues that the manslaughter instruction was fundamentally erroneous. We previously affirmed his conviction based on this court’s decision in Zeigler v. State, 18 So.3d 1239, 1245-46 (Fla. 2d DCA 2009), but we certified…