Curry v. State

Bryan Curry, in the sole ground in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), contends that his appellate counsel was ineffective in *154failing to argue that the then standard jury instruction for manslaughter by act that was given to the jury in his second-degree murder trial constituted fundamental error.1 We agree, and as we did in Del Valle v. State, 52 So.3d 16, 16 (Fla. 2d DCA 2010), we reverse Curry’s murder conviction, vacate the sentence, and remand for a new trial.

After a jury trial Curry was convicted of second-degree murder as charged in the…