Figueroa v. State

ON REMAND FROM THE SUPREME COURT OF FLORIDA

Upon remand by the Florida Supreme Court, we reverse Anthony Figueroa’s (“Figueroa”) conviction and sentence for second degree murder and remand for a new trial.

The sole issue on appeal arises from the jury instructions given by the trial court for manslaughter, which was the 2008 interim manslaughter by act instruction approved by the Florida Supreme Court. See In re Standard Jury Instructions in Criminal Cases —Report No. 2007-10, 997 So.2d 403 (Fla.2008). The question before us is whether that instruction erroneously stated the elements of…