Rivera v. State

Appellant challenges his conviction and sentence for manslaughter. We address only Appellant’s argument that “intent to kill” is an element of manslaughter by act and that the trial court fundamentally erred in giving the standard jury instruction which did not include this essential element. We affirm Appellant’s other arguments without discussion.

The state charged Appellant with manslaughter by “act, procurement, or culpable negligence.” The trial court instructed the jury on both manslaughter by act and manslaughter by culpable negligence, using the standard jury instruction. See Fla. Std.…