Lopez v. State

Sergio Lopez, 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 the then-standard jury instruction for manslaughter by act that was given to the jury *1266in his trial for second-degree murder was fundamental error. In a supplemental response to Lopez’s petition, the State concedes that in light of the Florida Supreme Court’s opinion in Daniels v. State, 121 So.3d 409 (Fla.2018), Lopez’s petition should be granted. We agree, and for the same reasons articulated in Horne v. State, 128 So.3d 953…