Solano v. State

Mynor Solano seeks review of the decision of the Third District Court of Appeal in Solano v. State, 35 So.3d 930 (Fla. 3d DCA 2010), on the ground that it expressly and directly conflicts with a decision of this Court, State v. Montgomery, 39 So.3d 252 (Fla.2010), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

In State v. Montgomery, 39 So.3d 252 (Fla.2010), we held that because defendant Montgomery, who was convicted of second-degree murder, was entitled to an accurate jury instruction on the necessarily lesser included offense of manslaughter by act, the use…