Legal Opinion
Daniels v. State
District Court of Appeal of Florida
Decided October 5, 2011No. 2D09-4951PublishedCited by 14 opinions
1Opinion of the Court
BLACK, Judge.
Aaron Daniels challenges his judgment and sentence for second-degree murder. Daniels argues the trial court committed fundamental, reversible error pursuant to State v. Montgomery, 89 So.3d 252 (Fla.2010), in giving the 2008 manslaughter by act jury instruction. Because we conclude that the manslaughter by act instruction given in Daniels’ case does not include an erroneous intent-to-kill element, we affirm his judgment and sentence.
I. Background
On May 4, 2007, after an altercation with one person at a residence, Daniels left, went to his home to retrieve his hand gun, and…
2Cases cited13 opinions
- In re Amendments To Standard Jury Instructions in Criminal Cases—Instruction 7.7.Supreme Court of Florida · 2010
- Joyner v. StateDistrict Court of Appeal of Florida · 2010
- Riesel v. StateDistrict Court of Appeal of Florida · 2010
- Houston v. StateDistrict Court of Appeal of Florida · 2011
- Pryor v. StateDistrict Court of Appeal of Florida · 2010
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Daniels v. StateSupreme Court of Florida · 2013
- Moore v. StateDistrict Court of Appeal of Florida · 2013
- Horne v. StateDistrict Court of Appeal of Florida · 2013
- Charlie Williams v. State of FloridaDistrict Court of Appeal of Florida · 2014
- Figueroa v. StateDistrict Court of Appeal of Florida · 2011
9 more not listed; retrieve them via the Exa API.