Daniels v. State

SCHWARTZ, Senior Judge.

The appellant, who was charged with second-degree murder but convicted of manslaughter, seeks habeas corpus relief claiming that his appellate counsel in Daniels v. State, 23 So.Sd 725 (Fla. 3d DCA 2009)(Table) was ineffective because he failed to raise a fundamental error claim based on State v. Montgomery, 39 So.3d 252 (Fla.2010). We deny the motion because, under the circumstances of this case, including the fact that the jury was given a manslaughter by culpable negligence instruction, no harmful error in fact took place. Contreras-Mayahua v. State, 40 So.3d 861…