Legal Opinion

Page v. State

District Court of Appeal of Florida

Decided February 8, 2012No. 3D10-534PublishedCited by 2 opinions

1Opinion of the Court

SCHWARTZ, Senior Judge.

This is an appeal from a conviction of second degree murder as charged. The only point presented arises from the fact that the jury was instructed in accordance with the “interim” manslaughter by act instruction, see In re Standard Jury Instructions in Criminal Cases (2007-10), 997 So.2d 403, 404-405 (Fla.2008), as follows:

To prove the crime of manslaughter as a lesser included offense to second degree murder, the State must prove the following two elements beyond a reasonable doubt: One[, the victim] is dead. And two[, the defendant] intentionally caused the death of…

2Cases cited11 opinions

  1. State v. MontgomerySupreme Court of Florida · 2010
  2. Montgomery v. StateDistrict Court of Appeal of Florida · 2009
  3. In Re Standard Instruct. in Cr. Cases No. 2007-10Supreme Court of Florida · 2008
  4. In re Amendments To Standard Jury Instructions in Criminal Cases—Instruction 7.7.Supreme Court of Florida · 2010
  5. Riesel v. StateDistrict Court of Appeal of Florida · 2010

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3Cited by2 opinions

  1. Molina v. StateDistrict Court of Appeal of Florida · 2014
  2. Molina v. StateDistrict Court of Appeal of Florida · 2014

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