Steve Lawrence Griffin v. State of Florida

Steve Lawrence Griffin seeks review of the decision of the Second District Court of Appeal in Griffin v. State, 128 So.Sd 88 (Fla. 2d DCA 2013), on the ground that it expressly and directly conflicts with a decision of this Court in State v. Montgomery, 89 So.3d 252 (Fla.2010), and decisions of other district courts on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. The question before us is whether the giving of an erroneous manslaughter by act jury instruction cannot be found to be fundamental error if the defendant’s sole defense is misidentiflcation. For the…