Guerra v. State

Castro Guerra appeals the trial court’s final judgment of conviction and sentence for second degree murder, alleging that the trial court committed fundamental error when it instructed the jury that to find the defendant guilty of manslaughter, a lesser included offense, the jury had to find that he had the intent to kill. Based on our prior decision in Cubelo v. State, 41 So.3d 263 (Fla. 3d DCA 2010), we affirm.

As in Cúbelo, Guerra was charged with second-degree murder with a weapon, a knife. Manslaughter is a category one lesser included offense of second-degree murder. Section 782.07(1)…