Mendoza v. State

We affirm the circuit court’s denial of the defendant’s motion for postconviction relief primarily seeking to apply retroactively State v. Montgomery, 39 So.3d 252, 257-58 (Fla.2010) (standard jury instruction on manslaughter, which required the jury to find that the defendant intended to kill the victim, constituted fundamental error). We already have held that Montgomery “does not apply retroactively to convictions which were final before our supreme court issued that decision.” Ross v. State, 82 So.3d 975, 976 (Fla. 4th DCA 2011). Our sister courts have held likewise. Harricharan v. State,…