Bonilla v. State

We reconsider on remand our opinion in Bonilla v. State, 23 So.3d 1256 (Fla. 3d DCA 2009), which was quashed by the Supreme Court of Florida following its decision in Bonilla v. State, 75 So.3d 233 (Fla.2011). Pursuant to that mandate we grant Bonilla’s habeas corpus petition and remand for a new trial.

Rodrigo Bonilla was charged with second-degree murder. During his 2007 trial, the jury was given a faulty, pre-2008-amendment, manslaughter instruction. See In re Amends, to Std. Jury Instrs. In Crim. Cases—Instr. 7.7, 41 So.3d 853 (Fla.2010). There was no contemporaneous objection. Bonilla was…