Salonko v. State

ON REMAND

In accordance with the Florida Supreme Court’s directive in Salonko v. *41State, No. SC10-842, 2014 WL 628408, at *1 (Fla. Feb. 17, 2014), we have reconsidered this case pursuant to Haygood v. State, 109 So.3d 735 (Fla.2013). Upon doing so, we reverse Appellant’s conviction and sentence for second-degree murder and remand for a new trial. We affirm Appellant’s conviction and sentence for aggravated assault without further comment.

In State v. Montgomery, 39 So.3d 252, 254 (Fla.2010), the Florida Supreme Court held that the crime of manslaughter by act does not require the State to prove…