Stoddard v. State

NORTHCUTT, Judge.

Edward Stoddard appeals his conviction for second-degree murder. He argues that his trial was tainted by the use of an erroneous jury instruction on manslaughter by act. This issue is controlled by the Florida Supreme Court’s decision in State v. Montgomery, 39 So.3d 252 (Fla.2010), and that case mandates reversal.

Briefly stated, the evidence reflected that Stoddard and a neighbor were no longer on friendly terms after Stoddard suspected the neighbor of burgling his house. There was a confrontation in the street, and some testimony suggested that the neighbor might have…