Moore v. State

ON REMAND

ROTHENBERG, J.

Upon remand by the Florida Supreme Court, we reverse Baron Moore’s conviction and sentence for second degree murder and remand for a new trial.

In State v. Montgomery, 39 So.3d 252 (Fla.2010), the Florida Supreme Court found that the standard jury instruction for manslaughter by act was erroneous and that the erroneous instruction was fundamental error where Montgomery was convicted of second-degree murder, which is only one step removed from manslaughter. Id. at 258. In Haygood v. State, 109 So.3d 735 (Fla.2013), the Florida Supreme Court addressed whether the trial…