Horne v. State

Edward Horne, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d), alleges that appellate counsel was ineffective for failing to argue that fundamental error occurred when the court gave the then-standard jury instruction for manslaughter by act to the jury in *955Horne’s trial for second-degree murder with a weapon. In a supplemental response to Horne’s petition, the State concedes that in light of the Florida Supreme Court’s opinion in Daniels v. State, 121 So.3d 409 (Fla.2013), Horne’s petition should be granted. We agree, and we reverse Horne’s second-degree murder…