Beharry v. State

Jonathan Beharry has filed a petition, alleging that his appellate counsel was ineffective for failing to argue on direct appeal that the standard manslaughter jury instruction given in his case was fundamentally erroneous pursuant to State v. Montgomery, 39 So.3d 252 (Fla.2010), and White v. State, 72 So.3d 208 (Fla. 5th DCA 2011). We agree.

Beharry was indicted for the first-degree murder of Angel Pagan.1 After a jury trial, he was convicted of second-degree murder and sentenced to life in prison. On direct appeal, Beharry’s counsel did not make any argument pertaining to the jury…