Nieves v. State

KHOUZAM, Judge.

Angel Manuel Nieves appeals his judgment and sentence for second-degree murder. Nieves contends that the trial court committed fundamental error when it instructed the jury on the lesser-included offense of manslaughter by act because the standard instruction in effect at the time of and given at his trial improperly imposed the additional element of “intent to kill” to that offense. 1 In support of his contention, Nieves relies on Montgomery v. State, — So.3d - (Fla. 1st DCA 2009), review granted, 11 So.3d 943 (Fla.2009), in which the First District determined that the trial…