PHARISIEN v. State

KHOUZAM, Judge.

Jerry Pharisien appeals his convictions and sentences for second-degree murder with a firearm and attempted second-degree murder with a firearm. We write to address his argument that the jury instruction given on manslaughter by act was fundamentally erroneous because it indicated that a conviction for manslaughter required proof that he intended to kill the victim. As we conclude that the manslaughter instruction that was given in Pharisien’s case was not error, we affirm and certify conflict with the First District. We note that this court recently reached the same result in…