Nelsenn Simon v. State

ON REMAND FROM THE FLORIDA SUPREME COURT

The defendant, Nelsenn Simon, appealed from a conviction and sentence for second degree murder raising, among other issues, that the trial court gave a fundamentally erroneous jury instruction on the lesser included offense of manslaughter because it included the same intent element of the greater offense of second degree murder. His conviction was affirmed based on this court’s opinion in Singh v. State, 36 So.3d 848 (Fla. 4th DCA 2010). Simon v. State, 38 So.3d 793, 795 (Fla. 4th DCA 2010). In Singh, where the defendant was prosecuted for first degree…